IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


I.I 


1.25 


ill 
m 

4 


|||2_4 
122 

20 


11= 

1.4    III  1.6 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STRrCT 

WEBSTER  NY.  14580 

(716)  872-4S03 


) 


5 


^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming   Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below 


L  Institut  a  microfilme  le  meilleur  exemplaire 
qu'il  lui  a  et6  possible  de  se  procurer    Les  details 
de  cet  exemplaire  qui  sont  peut  etre  uniques  du 
point  de  vue  bibliograph>que.  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiquds  ci  dessous 


D 


Coloured  covers/ 
Couverture  de  couleur 


D 


Coloured  pages/ 
Pages  de  couleur 


n 


Covers  damaged/ 
Couverture  endommag^e 


□ 


Pages  damaged/ 
Pages  endommag^es 


U 


Covers  restored  and/or  laminated/ 
Couvertcre  restaur^e  et/ou  pellicul^e 


Pages  restored  and/or  laminated/ 
Pages  restaurees  et/ou  pelliculees 


Cover  title  missing/ 
^  1    Le  titre  de  couverture  manque 


I 1    Coloured  maps/ 


Cartes  g^ographiques  en  couleur 


p","}    Pages  discoloured,  stained  or  foxed/ 

Pages  decolorees,  tachet^es  ou  piquees 


,-v 


L 


"]    Pages  detached/ 
J    Pages  detachees 


□    Coloured  ink  (i  e.  other  than  blue  or  black)/ 
Encre  de  couleur  lie   autre  que  bleue  ou  noire) 


D 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


n 


Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  in^gale  de  I'impression 


D 


Bound  with  other  material/ 
Relie  avec  d'autres  documents 


D 


Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


D 


n 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n  ont 
pas  et6  film^es. 


n 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d  errata,  une  pelure, 
etc.,  ont  ete  filmees  i  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible 


D 


Additional  comments./ 
Commentaires  supplementaires 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filme  au  taux  de  reduction  indiqu^  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

4 

" 

U^immi 

^^■^ 

15V 

1fiX 

20X 

28X 

32X 

ThH  copy  tilniHfi  tiorif  has  boHii  rHptodiu-Hcl  th»inks 
to  the  generosity  of 

Libr.iry  '>♦  Corujross 
Photodu plication  Servito 


I.  i»xiMMplitif('  tilfn''?  Hjf  fnpfocliiit  yrucH  A  Ih 
gAn^roMtA  de 

Lihriiry  ot  Conqrnss 
Pti(ifi>rhipli(.,iti()ii  St!rvu:»» 


The  images  appearing  hero  are  the  best  quality 
possible  considering  the  condition  <ind  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications 


Les  images  suis/iintt.'s  ont  MiS  rnptodiiitHs  .iv»f(.  In 
plus  grand  sum,  comjitt!  tenu  de  l.i  c;()ndition  et 
de  la  nettetfS  de  I  exomplairo  filmft,  Ht  on 
confortnitJ^  liver.  If»s  (,<>nditions  flu  i  ontrat  de 
filrnage 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres 
sion,  or  the  back  cover  when  appropriate   All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
Of  illustrated  impression. 


Les  Hxernplaires  originaux  dont  la  couvorture  en 
papier  ost  imprinif^e  sunt  filmfts  en  conimonrant 
par  le  premier  plat  et  on  terrninant  soit  par  la 
derni^re  page  qui  comporte  une  empreinte 
d  impression  ou  d  illustration,  soit  par  le  second 
plat,  selon  le  cas    Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commencant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  dillustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empminte 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning    CON 
TINUED'I,  or  the  symbol  V  (meaning  "EfMD   I, 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios   Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Un  des  symtaoles  suivants  apparaitra  sur  la 
darni6re  image  de  chaque  microfiche,  selon  le 
cas:  le  symbole  — ♦•  signifie     A  SUIVRE",  le 
symbole  V  signifie    FIN". 

Les  cartes,  planches,  tableaux,  etc  ,  peuvent  etre 
film6s  A  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  irop  grand  pour  6tre 
reproduit  en  un  seul  cliche,  il  est  film6  d  partir 
de  Tangle  sup6rieur  gauche   de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d  images  fiecessaire.  Les  diagrammes  suivants 
illustrent  la  methode. 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

.:'f. 


"S 


* 


..m',:<f'h 


,i^ 


V.' 


——»■«»■>,  iriijiiiiii^—yi'i'my 


(f^x 


'KT 


7 


▲m^kFontioN 


\ 


?• 


»■,,»  T":  "f -i-ziSf 


!3*:j;>; 


4^i 


•■:•:.■,' 


TQE  WAB. 


« ■  X '  ■  .^ .  ■■■■    'f     1    ^  1     1  •  ■        ,.(■?'.         ;  -   t . 


1 


'''*■  >f,  i*'"  >:.= 


;iQU^»- 


*  NOTE. 


u*%' 


f  \ 


Wd  it  wpuld  litve  Wen  di««at,  even  If  It  *tr«  demwe,  w 

Bat 'the  .l.w|«  whJeh  tarr  been  ""'"""'y '^'J^  TTeonduet  nee—rf, 

-IfeSent,  «n  the  fee*  ^  the  wortd,  m«Wr  •»  «  P^;^  stS^tTthe  «-«!«- 

b  p..«,  M  mud,  u  m  --;J«' r,''^;'.  iouW  *t..n  eSh  w.th  the  pr««j* 

npuution  T)f  their  wm«  >ert  '»«*«J'/?^'TL  ,^^ ,«» the  tfld««t  «f  • 


•    -'^ 


1. 


>     I ' 


<'\.  ; 


I 
I 
t 

I 
I 


■>■*.■ 


!!vl^^»^.^--'^'^-'^^-^*^-^ 


^97 


»•  *  - 


iheUa 
IritbblMgotiManr 
bold  the  exporitiM  ' 

ithe  AmcriMB.!** 
•onduitiiMMMPf, 
,*iMi  tiM  unwIUai 
Ih  with  the  pi«m» 
Bth«t«U«M«f* 


u 


rv. 


.. '^•v 


AN  BXPOSmOH  ^ 


'tif^. 


▲NO  0H4}iA0Tflp|  :,  j 


Tir|(  WAK 


fit* 


wnATO 


^•^ 


«.  ^y*^?  "V  *»«  *e  termlotUoii  of  dw  ncgbtiatioot 
•*..*??•*•  *•  despatchei  of  the  Amorican  comminionert, 
which  have  been  communicated  by  the  prcttdent  of  the  United 
Sutet,  to  the  coogreu,  during  the  present  seuion,  will  distinel- 
ly  unfold,  to  the  attenUve  and  impartial  of  all  naUoni,  the  ob- 
ject! and  diepositions  of  the  parties  to  the  present  war. 

The  United  States,  relieved  by  the  general  p^iBcation  of 
the  treaty  of  Pans,  from  the  danger  of  actual  suH^ance,  und«r 
the  evils  which  had  codspelled  them  to  resort  to  arms,  have 
avowed  their  readiness  to  resunle  the  relations  of  peace  and 
Wiity  with  On^t  BrUain.  upon  the  simple  and  single  tondition, 
of  preserving  their  territory  and  their  sovereignty,  entire  and 
unimpaired.  'rheir  desire  of  peace,  indeed.  «  upin  termt  of 
reciprocity,  consis^nt  with  the  ijjiii  of  both  parties,  a.  wve- 
reign  and  independent  oatwns,1Hnfc  not,  at' any  time,  been 
influenced  by  the  provocations  of  an  unprecedented  course  of 
hostiliti*4>  by  the  Incitemenu  of  a  suceessfuf  campaign;  or  by 
Wo?Slo;?l  ''  -emedagain  •othr.aSS^ul. trmJ 
>J«  the  Briusb  oovernment,  affer  inviting  "a  discussion 
i^rttli  the  |overiimeni  of  America,  for  the  CMciUatory  adjust. 

SL!!^  V  ^"  w'  ^^  *•''  P"*  ^"  *'  ''^  •"«««d)  to  bring 
them  to  a  favorable  luue,  upon  principles  of  a  peHect  recipro? 

t^^^^>^^miA,  the  WiM>ed  mStes  of3c 
, ..  .^•«P':^HB»«^*fl"ng  my  intenUon  to  acquire  an  increase 
^peremptorily  ffeaamidvd,  as  tho^iylica  of 


I 


>'i 


{ 


^:t^ 


\  '^^. 


petce,  conecMlons  calwiltud  iiMff«ljr  for  their  <Nni  ifgnmdiM* 
mrnt,  and  for  Um  huaiittMloa  of  Umw  tdvenaiy.  AtoM  tifii«« 
th«T  proposed*  m  dMir  Hw  fua  fiek  •  etipuletloa,  that  the 
IncllaiM,  inhabidngiha  cottntr7  of  tka  IJnitad  Btatce,  wMiia  the 
Umlte  eetabUeh«d1>y  the  treMy  of  17t»,  ehould  bo  likhided, 
ae  the  allies  of  Great  Britak,  (a  pariv  to  that  trefMjr,)  in  the 
protected  parificationi  and  nat  deHaita,  jbouodartae  should  b« 
settled  for  th^  Indiaii  territory,  upoo  abilis,  whieh  wonld  hava 
operated  to  surrcndtf,  to  a  noMber  of  Indians,  not,  probabir. 
exceeding  a  few  thousands,  the  righto  ^  soverelnty,  as  well 
as  of  aoil,  over  nearhr  om  third  of  the  territorial  dominions  of 
the  United  States,  innabited  by  more  than  one  hundred  thoa* 
send  of  their  citiicns.*  And,  mora  recently,  (withdrawing,  la 
effect,  that  proposition,!  they  have  offered  to  treat,  on  the  basia 
of  ^uitpwmttiMi  when,  by  the  operations  of  the  .war,  they 
hsd  obtained  the  military  possession  of  an  impoiiMK  port  oiF 
the  state  of  Massachusetts,  which,  it  was  known,  c^^la  never 
be  the  subject  of  a  cession,  consisteiitlv  with  the  hom»r  and 
faith  of  the  American  govemment.t  Irius,  it  is  obvious,  that 
Great  Brltaioi  neither  regarding  **  the  principles  of  a  perfiect 
reciprocit}',**  nor  the  rule  of  her  own  practice  and  profeseions, 
has  indulged  pretensions,  which  couldf  only  be  heard,  la  order 
to  be  rejected.  The  alternative,  either  viiiidictively  to  protraei 
the  war,  or  honorably  to  end  it,  has  been  fidrly  given  to  her 
option;  but  she  wants  the  magnanimity  to  decide,  while  her 
apprehensions  are  awakened,  for  the  result  of  the  congress  at 
Vienna,  and  her  hopes  are  flattered,  by  the  schemes  of  conquest 
in  America. 

There  are  periods  in  the  transactions  of  every  country,  as 
wen  as  in  the  lite  of  every  individual,  when  seu«cxamination 
becomes  a  duty  of  the  hipiest  moral  obligation}  when  the  go- 
vernment of  a  free  peoplci  driven  from  the  path  of  peace,  uid 
baffled  in  every  effort  to  resain  it,  may  resort,  for  consolMlon, 
to  the  conscious  rectitude  of  its  measures;  ana  when  an  appeal 
to  mankind,  founded  upon  truth  and  justice,  cannot  fiiil  to  en« 
gage  those  sympathies,  by  which  even  natkms  are  led  to  pnrti- 

•  8m  the  American  aeiMtchm,  dated  tke  ICth  nd  l*th  of  Aumr.  1814(  the 
note  -'f  the  Britkh  commiuioam.  daicd  the  IMi  cff  A«pM.  ItAi  the  now  ef 
the  American  commUstonen,d«tcd  the  Slti  of  Aenat,  ltl4i  the  nott  ^the 
British  commiMionm,  dated  the  4tb  of  S^tembauItUi  the  note  of  the  Anw. 
rican  comroUsionm  of  the  9(h  of  Sqitemher,  ISlli  the  note  of  the  Britiih 
commiaafcmcn.  dated  the  I9th  of  Scutcmbcr,  1814(.  dw  note  of  th»  Anokaa 
camndHioncri.  dated  Ae  26th  of  fieiNcmber.  ISUt  thS,Mle  of  the  MQah 
commisuencn.  dated  the  8th  of  October.  1814|  and  the  |M«  of  the  >*i#iaii 
conMniaiionen,  of  the  llith  of  October,  1814.  J*^*.,. 

"t  S«e  the  note  of  the  Dridtb  commiationerB,  dated  the  SUt  of  OcteM.  J814i 
the  note  of  the  American  comnHMOonen.  dated  the  S4t)i  of  October,  lBU^|»d  { 
the  note  of  the  Britiih  eomndiiinnew,  dated  the  31st  of  October,  1814. 


•1"-.  J 


if 


«•  timt» 
thM  tiM 
vMiIsUm 
liklttdtd, 
r,)  to  the 
ftliould  b« 
«faldh«v« 
rrebably. 

ninkNit  oC 
rcfl  tlwMi- 
irtwrlBgtm 
nthcbui* 
jmr,  they 
&  part  of 
yqdd  netrtr 
honor  attd 
riout,  thtt 
if  «  perfect 
irofceelone, 
d,  ta  order 
to  protn« 
ven  to  her 
whUe  her 
MDgresi  at 
of  conquest 

cooBtryi  as 
sxMnloation 
MB  the  go- 
peace,  and 
cootolatlon. 
D  aa  appeal 
t  fail  to  en* 
cdto  parti- 

«,!,  ISUi  tu 
4»iheiioiBrf 

of  *•  " 
rtta 


Hi*. 


cipate  in  the  feme  and  fortunee  of  each  othcrt    The  United 
8tat«it  under  thetc  ImprcMiooe,  are  neither  inieneible  to  the 
•dvantagei,  aor  to  the  dutict,  of  their  peculiar  tUueiion.   They 
have  but  recendyi  at  it  were,  establiehcd  their  independence) 
and  the  volume  of  their  national  hiitory  lies  open,  at  a  glance, 
to  every  eye.     The  policy  of  their  government,  therefore, 
whauver  it  has  been,  in  thdr  foreign,  as  well  as  in  their  domes- 
tic, relations,  ii  is  impossible  to  conceal)  and  it  must  be  diScult 
to  mismke.    If  the  assertion,  that  it  has  been  a  policy  to  pre- 
serve peace  and  amity  with  all  the  nations  of  the  world,  be 
doubted,  the  proofs  are  at  hand.    If  the  assertion,  that  it  has 
been  a  policy  to  maintain  the  rights  of  the  United  States,  but, 
at  the  same  time,  to  respect  the  righu  of  every  other  nation, 
be  doubted,  the  proofs  will  be  exhibited.    Ir  the  assertion, 
that  it  has  been  a  policy  to  act  impartially  towards  the  bellige- 
rent powers  of  Europe,  be  doubted,  the  proofii  will  be  found 
on  record,  even  in  tne  archives  of  England  and  of  France* 
And  if,  in  fine,  the  assertion,  that  it  has  been  a  policy,  by  M 
honorable  means,  to  cultivate  with  Great  Briuin,  those  senti- 
ments of  mutual  good  will,  which  naturally  belong  to  nations 
connected  by  the  ties  of  a  common  ancestrvt  an  identity  of  lan- 
guage, and  a  timilarity  of  manners,  be  doubted,  the  proofs  will 
be  found  in  that  patient  forbearance,  under  the  pressure  of  ac- 
cumulating wrongs,  which  marks  the  period  of  almost  thirty 
years,  that  elapsed  between  the  peace  of  1713  and  the  r  iXture 
of  1811. 

The  United  Sutes  had  just  recovered,  under  the  auspici.*  of 
their  present  constitution,  (rom  the  debility  which  their  revo- 
lutionary strug(^  had  produced,  when  the  convulsive  move- 
ments of  France  excited  throughout  the  civilized  world,  the 
minf^d  sensations  of  hope  and  fear— of  admiration  and  alarm* 
The  interest  which  those  movements  would,  in  theaaselves, 
have  excited,  was  incalculably  increased,  however,  as  soon  as 
Great  Briuin  became  a  party  to  the  first  memsrable  coalition 
against  Fhmce,  and  auumed  the  character  of  a  belligerent 
power}  for,  it  was  obvious,  tlut  the  distance  of  the  scene  would 
no  longer  exempt  the  United  States  from  the  influence,  and  the 
evils,  of  the  European  conflict'  On  the  one  hand,  their  govern- 
ment  was  connected  with  France,  by  treaties  of  alliance  and 
commerce;  and  the  services  which  that  nation  had  rendered 
to  the  cause  of  American  independence,  had  made  such  im- 
pressions  upon  the  public  mind,  as  no  virtuous  statesman  could 
rigidly  condemn,  and  the  most  rigorous  sutesman  would  have 
sott^t  in  vain  to  efbce.  On  the  other  hand,  Great  Briuin, 
leaving  the  treaty  of  178S  unexecuted,  forcibly  retained  tAte 
A s —  pojjg  ypQQ  ji^g  northern  frontier}    and,  slighting 


American 


^:: 


''■'f^ 


I 


evcty  everturi  to  place  die  diplomatic  wid  commercial  rcla* 
tiontof  the  two  couatrict,  upon  a  fair  and  friendly  foundation,* 
leemed  to  contemplate  the  tuccett  of  the  American  revolu- 
tion, in  a  spirit  of  unestinBuikhable  animosity.    Her  voice  had, 
indeed,  been  heard  from  Quebec  and  Montreal,  instigating  the 
savages  to  war.f    Her  invisible  arm  was  felt,  in  the  defeats  of 
general  Harmar.)  and  general  8t.  Clair.ll  and  even  the  victory 
of  general  Wayne|  was  achieved,  in  the  presence  of  a  fort 
which  ^e  had  erected,  far  withlp  the  urritorial  boundaries  of 
the  United  States,  to  stimulate  and  countenance  the  barbaritlea 
of  the  Indian  warrior .1    Yet,  the  American  government,  nei- 
ther yielding  to  popular  feeling,  nor  acting  upon  the  impulse  of 
national  resentment,  hastened  to  adopt  the  policy  of  a  strict  and 
steady  ocutralityi  and  solemnly  announced  that  policy  to  the 
citizens  at  home,  and  to  the  nations  abroad,  by  the  |>ioclama- 
tion  of  the  ltd  of  April,  tr»3.    Whatever  may  have  be«n  the 
trials  of  its  pride,  and  of  its  fortitude)  whatevei  may  have  been 
the  imputations  upon  its  fidelity  and  iu  honort  it  wiU  be  de- 
monstrated, In  the  sequel,  that  the  American  government, 
throughout  the  European  contest,  and  amidst  all  the  changes  of 
the  ol^ects,  and  the  parties,  that  have  been  involved  in  that  con- 
test, has  inflexibly  adhered  to  the  principles  which  were  thus, 
authoritatively,  esublished,  to  regulate  the  conduct  of  the 
United  States. 

It  was  reasonable  to  expect,  that  a  proclamation  of  neutrality, 
issued  under  the  circumsunces  which  have  been  described, 
would  command  the  confidence  and  respect  of  Great  Britain, 
however  offensive  it  might  prove  to  France,  as  contravening, 
essentially,  the  exposition  which  she  was  anxious  to  bestow  up< 
on  the  treaties  of  commerce  and  alliance.  But  experience  has 
shown,  that  the  confidence  and  respect  of  Great  Britain  are  not 
to  be  acquired,  by  such  acts  of  impartiality  and  independence. 
Under  every  administration  of  the  American  Rovcrnment,  the 
experiment  has  been  made,  and  the  experiment  has  been  equally 
unsuccessful:  for,  it  was  not  more  effectually  asceruined  in  the 
year  1812,  than  at  antecedent  periods,  that  an  exemption  froni 
the  maritime  usurpation,  and  the  commercial  monopoly,  of 
Great  Britain,  coula  only  be  obtained  upon  the  condition  of  be- 
coming an  associate,  in  her  enmities  and  her  wars.    While  the 


*  See  Mr.  Adams'  correspondence 
't  See  the  s|i«echet  of  lord  Dorchester. 


i  On  the  waters  of  the  Miami  ol"  the  lake,  on  theSlst  of  October,  1790. 
II  St  Kort  Recovery,  on  the  ith  of  November,  1791. 
K  On  the  Miami  of  the  lakes,  in  August,  1794  .  <i»-     ,cv 

^  See  the  correspondence  between  Mr.  Randolph,  the  Amcricaii  tcerettn  ar 
•tatr,  and  Mr.  Hammond,  the  Drituli  plewijioteniiary,  dated  May  and  June, 


nercial  rcia* 
fouodation,* 
rican  rcvolu- 
lar  voice  had* 
Mtinting  the 
ihc  d«fMU  of 
•n  thfl  victory 
Bcc  of  B  fort 
Muodarict  of 
le  barbaritiet 
ernment,  neU 
he  im^iuUe  of 
of  a  atrict  and 
t  policy  to  the 
the  |iiOcUma> 
have  been  the 
may  have  been 
it  will  be  de- 
t  government* 
the  changea  of 
^edinthatcon- 
lichwere  thua, 
>nduct  of  the 

nofneutralityt 
een  deacribedf 
Great  Britain, 
contravening, 
to  beatow  up* 
experience  haa 
Iritain  are  not 
independence, 
overnmentt  the 
as  been  equally 
ertained  in  the 
xemption  from 
monopoly*  of 
ondition  of  be* 
kra.    VfhiXe  the 


>ctobcr,  1790. 


neriean  MCTetary  of 
•d  May  and  JuM> 


proclamation  of  neutrality  waa  atill  in  the  view  of  the  Briti*h 
miniater,  an  order  of  the  Bth  of  June,  179S,  iatued  from  the 
cabinet,  by  virtue  of  which,  **  all  veaacia  loaded  wholly,  or  in 
part,  with  com,  flour,  or  meal,  bound  to  any  nort  in  France,  or 
any  port  occupied  by  the  armiea  of  FVance,"  were  required  to 
be  carried,  forcibly,  into  Englandt  and  the  cargoea  were  cither 
to  be  aold  there,  or  aecurity  waa  to  be  given,  tnat  they  ahould 
only  be  aold  in  the  porta  of^a  country,  in  amity  with  hia  Britan* 
nic  majeaty.*  The  moral  character  of  an  avowed  deaign,  to 
iniict  Mmine  upon  the  whole  of  the  French  ncople,  waa,  at  that 
time,  properly  eatimated  throughout  the  civilized  world)  and  ao 
glaring  an  infraction  of  neutral  righta,  aa  the  Britiah  order  waa 
calculated  to  produce,  did  not  eacape  the  aeveritiea  of  diploma* 
tic  animadvcraion  and  remonstrance.  But  thia  anreaaion  waa 
aoon  followed  by  another  of  a  more  hoatUe  caat.  In  the  war  of 
17M,  Great  Britain  had  endeavored  to  catabliah  the  rule,  that 
neutral  nationa  were  not  entitled  to  enjoy  the  bcnefita  of  a  trade 
with  the  coloniea  of  a  belligerent  power,  from  which,  in  the  aea* 
aon  of  peace,  they  were  excluded  by  the  parent  atate.  The  rule 
atanda  without  poaitive  aupport  from  any  general  authority  on 
public  law.  U  it  be  true,  thataome  treatiea  contain  atipula* 
tioae,  by  which  the  partiea  expreaaly  exclude  each  other  from 
the  commerce  of  their  reapectivecolonieai  and  if  it  be  true,  that 
the  ordinancea  of  a  particular  atate,  often  provide  for  the  ex* 
cluaive  enjoyment  of^  ita  colonial  commerce;  atill  Great  Britain 
cannot  be  authoriaed  to  deduce  the  rule  of  the  war  of  17M,  by 
implication,  fromauch  treatiea  and  auch  ordinancea,  while  it  ia 
not  true,  that  the  rule  forma  a  part  of  the  law  of  nationa;  nor 
that  it  hiia  been  adopted  by  any  other  government)  nor  that  even 
Great  Britun  heraelf  haa  uniformly  practiaed  upon  the  rule) 
aince  iu  application  waa  unknown  from  the  war  of  17M,  until 
the  French  war  of  1702,  including  the  entire  period  of  the 
American  war.  Let  it  be,  argumenutively,  allowed,  however, 
that  Great  Britain  poaaeaaed  the  right,  aa  well  aa  the  power,  to 
revive  and  enforce  the  rule)  yet,  the  time  and  the  manner  of 
exerciaingthejMwer,  would  aflbrd  ample  cauae  for  reproach. 
Hie  citiaena  or  the  United  Staica  had  openly  engaged  in  an 
extehaive  trade  with  the  French  iaianda,  in  the  Weat  Indiea, 
ignorant  of  the  alleged  exiatence  of  the  rule  of  the  war  of 
17M,  or  unappriaed  of  any  intention  to  call  it  into  action,  when 
the  order  of  the  «th  of  November,  1793,  waa  ailentlv  circulated 
among  the  Britiah  cruiaera,  conaigniog  to  legal  adjudication, 
**  all  veaaela  loaden  with  gooda,  the  produce  of  any  colony  of 

*  8m  the  order  fai  cowicU  of  th«  Bth  of  Junt,  1793,and  the  frnnomtrance  of  the 
Aofrkaa  fovMiinMnt. 

-  ■*    ■  ■    ^'  '  ^       ... 


I 


!< 


i! 


la. 


M 


France,  or  carrying  provUioiM  or  tupplieii  for  the  um  ol  any 
•uch  colony."*  A  great  portion  of  the  commerce  of  the  United 
fkatta  waa  ihue  annihilated  at  a  biniri  the  amicable  diipoeltlona 
of  the  government  were  again  disregarded  and  contemned) 
the  Mnaibilitv  of  the  nation  waa  excited  to  a  hiah  degree  of 
retentment,  by  the  apparent  treachery  of  the  Brittan  order)  and 
•  recourse  to  repritale,  or  to  war,  for  indemnity  and  rcdreaa, 
aeemed  to  be  unavoidable.  But  the  love  of  iuatica  had  asta* 
bliahcd  the  law  of  neutrality)  and  the  love  uT  peace  taught  a 
letMu  of  forbearance.  The  American  >6vernment,  therefore, 
riaing  tuperior  to  the  provocationa  and  the  paiaions  of  the  day, 
initituteu  a  aiMcial  miealon,  to  represent  at  the  court  of  Lon* 
don,  the  injuries  and  the  indignities  which  it  hid  suffered)  **  tu 
vindicate  iu  rishts  with  firmness,  and  to  cultivate  peace  with 
aincerity.'t  The  immediate  result  of  this  mission,  was  a  trea* 
ty  of  amity,  commerce,  and  navigationi  between  the  United 
.  States  and  Great  Britain,  which  was  signed  by  the  negotiators 
on  the  19th  of  November,  17M,  and,  nnally  ratified,  with  the 
consent  of  the  senate,  in  the  year  179B :  But  both  the  mls> 
sion  and  ita  result,  serve,  also,  to  display  the  independence 
and  the  tmpartialitv  of  the  American  government,  in  asacrt- 
ing  its  rights  and  performing  ita  duties»  equally  udawed 
and  unbiassed  by  the  instruments  of  belligerent  power,  or  per* 
suasion. 

On  the  foundation  of  this  treaty  the  United  States,  in  a  pure 
apirit  of  good  faith  and  confidence,  raised  the  hope  and  the  ex- 
pectation, that  the  madtime  usurpations  of  Great  Britain  would 
cease  to  annoy  them)  that  all  doubtful  claims  of  jurisdiction 
would  be  suspended)  and  that  even  the  exercise  of  an  incontest* 
able  right  would  be  so  modified,  as  to  present  neither  insult,  nor 
outrage,  nor  inconvenience,  to  their  flag,  or  to  their  commerce. 
But  the  hope  and  the  expectation  of  the  United  States  have  been 
fatally  disappointed.  Some  relaxation  in  the  rifjor,  without 
any  alteration  in  the  principle,  of  the  order  in  council  of  the  0th 
of  November,  1793,  was  introduced  by  the  subsequent  orders 
oftheSthot  Jannry,  1794,  and  the  «5th  of  January,  1798:  but 
from  the  ratification  of  the  treaty  of  179*,  until  the  short  respite 
afforded  by  the  treaty  of  Amiens,  in  1804,  the  commerce  of  the 
United  States  continued  to  be  th.^  prey  of  British  cruisers  and 

Erivatcers,  under  the  adjudicating  patronage  of  the  British  tri- 
unals     Another  grievance,  hnwever, assumed  at  this  epoch, 
a  form  and  magnitude,  which  cast  a  shade  over  the  social  hap. 

•  »«e  the  Br.'lih order oF  the Oih  of  Novemb*?,  1793.         ,   .     .,  ,_.. 
t  Setthe  prebident'i  mcmge  to  fhf  lenatc,  -,t  the  I6th  of  Aprtl,  l7»t,nomi 
l»^ti^Ig  Mr.  Jay  as  envoy  ixtraonllntsy  to  hi«  Rvitaunir,  msJcMy. 


T 


r  the  UM  of  any 
rce  of  the  Unii«d 
:able  dUpMllloM 
unci  conumn«d| 
1  lush  d«gre«  of 
irUUh  order)  und 
kty  mmI  rtdreM, 
|u«tlc«  htd  eiu* 
I  peace  taught  a 
mcnt,  therefore, 
•iont  of  the  day, 
B  court  of  Loo* 
lid  tulfcrcdi "  to 
ivate  peace  with 
•ion*  waa  a  trea* 
ireen  the  United 
f  the  negotiator! 
ratified,  with  the 
Lit  both  the  inU* 
he  independence 
iment,  in  ataert- 
equally   urfawed 
nt  power,  or  per* 

Btatee,  in  a  pure 
hope  and  the  ex* 
eat  Britain  would 
M  of  juriidiction 
e  of  an  incontett* 
leither  intuit,  nor 
I  their  commerce, 
d  States  have  been 
he  rigor,  without 
council  of  the  6th 
lubsequent  orders 
January,  1798i  but 
il  the  ehort  respite 
!  commerce  of  the 
ritish  cruiseri  and 
of  the  British  tri< 
ned  at  this  epoch, 
crthe  social  hap- 


hof  A|irU,WM,nomi 
i»je»ty. 


pinesa,  at  well  as  the  political  independence  of  the  nation.  Th« 
merchant  vessels  of  tne  United  Sutes  were  arrested  on  the  hiah 
seas,  while  in  the  prosecution  of  distant  voyagesi  considtraoU 
numbers  of  their  crewa  were  impressed  into  the  naval  service 
of  Great  Britain i  the  commercial  adventures  of  the  owners  wer« 
often,  consequently,  defeated)  and  the  lose  of  property,  the  em* 
barrassments  of  trade  and  navigation,  and  the  scene  ot  domastle 
allictlon,  became  intolerable.  Yhls  grievance  (which  constU 
tuiee  an  important  surviving  cause  or  the  American  declara- 
tion  of  war)  was  earlv,  and  hes  been  incessantly,  urged  upon  th« 
attention  of  the  British  government.  Even  in  rhe  year  170S, 
thev  were  told  of  **  the  irritation  thai  it  b»d  K«cited)  and  of  tha 
diflculty  of  avoiding  to  make  immediate  reprisals  on  their  sea« 
men  in  the  United  Butes."*  They  were  told  *•  that  so  many 
instances  of  the  kind  had  happened,  that  it  was  quite  necessary 
that  they  should  explain  themselves  on  the  subject,  and  be  led 
to  disavow  Nnd  punish  such  violence,  which  had  never  been  ex- 
perienced from  any  other  natlon.**t  And  they  were  told  **  of  the 
ineoavcnlencc  of  such  conduct,  and  of  the  impossibilitv  of  let* 
tiaf  it  M  on,  so  that  the  British  ministry  should  be  made  sensi- 
ble of  tne  necessity  of  punishing  the  past,  and  preventing  the 
fttture.t"  But  after  the  treaty  of  amity,  conunerce,  end  navi- 
gation, had  been  ratified,  the  nature  and  the  extent  of  the  ^iev- 
ance  became  still  more  manifest)  and  it  was  clearly  and  hrmly 
praaented  to  the  view  of  the  British  government,  as  leedinf 
UMHroidably  to  discord  and  war  between  tne  two  nations.  They 
were  told, ''  that  unless  they  would  come  to  some  accommodation 
which  might  ensure  the  American  seamen  against  this  oppression, 
measures  would  be  taken  to  cause  the  inconvenience  to  be  equally 
felt  on  both  sides."||  They  were  told,  **  that  the  impressment  of 
American  citixens,  to  serve  on  board  of  British  armed  vessels, 
waa  not  only  an  injury  to  the  unfortunate  individuals,  but  it 
naturally  excited  certain  emotions  in  the  breasu  of  the  nation  to 
whom  they  belonged,  and  of  the  lust  and  humane  of  every  coun- 
try) and  that  an  expectation  was  indulged  that  ordera  would  be 
given*  that  the  Americans  so  circumstanced  should  be  immedi- 
ately liberated,  and  that  the  British  officers  should,  in  future, 
abetain  from  similar  violences.")     They  were  told,  **  that  the 


•I  B« 

II 


*  8«e  thakittr  of  Mr.  Jtffanon,  Mcretwr/  of  itaM,tfo  Mr.  PlakiMjr,  minism 
St  London,  dstad  tht  llth  of  June,  I79t. 

■■•tht  l«it«r  Arom  the  ssme  to  tho  wme,  dttcd  the  Uth  of  October,  1792. 
8e«  the  letter  from  the  tame  to  the  wme,  dsted  the  6th  of  November,  17M. 
I  the  letter  from  Mr.  Pi*)it(wy»  minister  at  London,  to  the  Mcretsry  of 
rate,  dated  the  ISth  of  March,  1793. 

C  See  ctie  note  of  Mr.  Jay,  envoy  extraordinary,  to  lord  OrenvUlt,  dste<  tke 
30i|i  of  Jidy,  1794. 

.-,'  \  ■       ,  ■  '  ■ 


r 


"•fT" 


II 


\ 


;  i 


i       t 


If 

subject  WM  of  much  greater  importaace  than  kad  been  tupiMMd; 
and  that,  initead  of  a  few,  and  thoee  in  many  iattancet  equivocal 
caeca,  die  American  minister  at  the  court  of  London  had,  in 
tine  months  f  part  of  the  years  1796  and  1797)  made  applications 
for  the  discnarge  of  two  hundred  and  seventy-one  seamen, 
who  had,  in  most  esses,  exhibited  such  evidence,  as  to  satisfy 
him  that  they  were  real  Americans,  forced  into  the  British  ser- 
vire,  and  persevering,  generally,  in  refusing  pay  and  bounty.*** 
They  were  told,  **  that  if  the  British  government  had  any  regard 
to  the  rights  of  the  United  States,  any  respect  for  the  nation, 
and  placed  an^  value  on  their  friendship,  it  would  facilitate  the 
means  of  relieving  their  oppressed  citizens.**t  ^^^y  ^*^ 
told,  '*that  the  British  navsl  ofiaers  often  impressed  Swedes, 
Danes,  and  other  foreigners,  from  the  vessels  of  the  United 
States;  that  they  might,  with  as  much  reason,  rob  American 
vessels  of  the  property  or  merchandise  of  Swedes,  Danes,  and 
Fbrtuguese,  as  seize  and  detain  in  their  service,  the  subjects  of 
chose  nations  found  onboard  of  American  vesseU;  and  that  the 
president  was  extremely  anxious  to  have  this  business  of  im* 
pressing  placed  on  a  reasonable  footing.**:^  And  they  were  told, 
**  that  me  impressment  of  American  seamen  was  aninjinry^t 
very  serious  ma^itude,  which  deeply  affected  the  feelings  and 
honor  of  the  nation;  that  no  right  had  been  asserted  to  impress 
the  natives  of  Americai  ^et,  that  they  were  impressed;  they 
were  dragged  on  board  British  ships  of  war,  with  the  evidence 
of  citiaenship  in  their  ht^nds,  and  forced  by  violence  therei  to 
serve,  until  conclusive  testimonials  of  their  birth  could  be  ob- 
tained; that  many  must  perish  unrelieved,  and  all  were  detained 
a  considerable  time,  in  uwless  and  injurious  confinement}  that 
the  continuance  of  the  practice  must  inevitably  jproduce  discord 
between  two  nations,  which  ought  to  be  the  friends  of  each 
other;  and  that  it  was  more  advisable  to  desist  from,  and  to  take 
cffiectual  measures  to  prevent,  an  aclinowledged  wrong,  than  fagr 
perseverance  in  that  wrong,  to  excite  against  themselves  tte 
well-founded  resentments  of  America,  and  foKe  the  govern- 
ment into  measures,  which  may  very  poniUy  terminate  in  an 
open  rupture.**|| 

Such  were  the  feelings  and  the  sentiments  of  the  American 

*  See  the  letter  of  Mr.  King,  minister  kt  London,  to  the  MCietary  of  Mslfc 
dated  the  I3th  of  April,  1797. 

t  See  the  letter  froin,  Mr.  Piekering ,  lecietwrjr  of  ttatc^  to  Mr.  Kin(,  miiditer  «t 
London,  dated  the  10th  of  September,  1796. 

1;  See  the  lener  from  the  unr  to  the  ume,  dated  the  Mth  of  October,  1796. 
I  See  the  letter  from  Mr.  M   ihall,  aecrctary  of  state,  (now  dUef  iwtice  of  the 
Umted  States,)  to  Mr.  King,    lioister  at  London,  dated  the  tOth  of  Septeabtr, 
1800. 


f 


idbccBtuppotcd; 
iitancet  equivocal 
f  Londoa  hadf  in 
made  appHcatioiw 
nty«0M  scament 
oca,  as  to  taUafy 

0  the  British  ler- 
ay  and  bounty.*** 
nt  had  any  regard 
et  for  the  nation, 
ould  facilitate  the 
i.**t  They  were 
npressed  viredea, 
lela  of  the  United 
n,  rob  American 
redes,  Danes,  and 
ce,  the  subjecta  of 
ueUi  and  that  the 
is  business  of  im- 
nd  they  were  told, 

1  was  an  injury  «f 
1  the  feelings  and 
iserted  to  impress 
i  impressed!  they 
with  the  evidence 
f  violence  theiw  to 
birth  could  be  ob- 
I  all  were  detained 
confinement!  that 
lyjprodttce  discord 
be  friends  of  each 
t  from,  and  to  take 
^d  wrong,  than  fay 
•t  themselves  tM 

force  the  govern* 
ly  terminate  in  an 

B  of  the  American 

» tht  MOtUry  of  MU^ 

B  Mr.  Kii^t  nipbtar  at 

>th  of  October,  IT96. 
now  ckief  iuttkeofthe 
dw  10th  of  Stpteinbw. 


tt 

l|0vemment,  under  every  change  of  its  administration,  in  rcla* 
tion  to  the  British  practice  ofimpressment}  and  such  the  re- 
monstrances addressed  to  the  justice  of  Great  Britain.  It  is 
obvious,  dierefore,  that  this  cause,  independent  of  every  other, 
has  been  uniformly  deemed  a  just  ana  certtun  cause  of  wwt 
yet,  the  characteristic  policy  of  the  United  States  still  prevail- 
ed: remonstrance  was  only  succeeded  by  negotiation;  aiM  every 
assertion  of  American  ripita,  was  accompanied  with  an  ovev- 
ture,  to  secure,  in  any  practicable  form,  the  righta  of  Great 
Britain.*^  Time  seemed,  however,  to  render  it  aaore  and  more 
diiGcult  to  ascertain  and  fix  the  standard  of  the  British  righta,  •!  i^ 

according  to  the  succession  of  the  British  chums.  The  ri|riit 
of  entering  and  searching  an  American  merchant  ship,  for  Uie 
purnose  of  impressment,  was,  for  awhile,  confined  to  the  case 
of  British  deserters;  and  even  so  late  as  the  month  of  Febrtt« 
ary,  1800,  the  minister  of  his  Britannic  majesty,  tk^n  at  Phila- 
delphia, urged  the  American  government,  **  to  take  into  conai- 
deration,  as  the  only  means  of  drying  up  every  source  of  com« 
plaint  and  irritatioof  upon  that  head,  a  proposal  which  he  had 
made  two  years  before,  in  the  name  or  his  asajesty's  govern* 
ment,  for  the  reciprocal  restitution  of  deserters.*t  But  this 
project  of  a  treaty  was  then  deemed  inadmissible,  by  the  presi- 
dent of  the  United  States,  and  the  chief  officers  of  the  esecu- 
tive  departmenta  of  the  government,  whom  he  consulted,  finr 
the  same  reason,  specifically,  which,  at  a  subsequent  period, 
induced  the  president  of  the  United  States,  to  withhold  ilia  ap- 
probation from  the  trea^  negotiated  by  the  American,  ministers 
at  London,  in  the  year  1800;  namely:  **  that  it  did  not  sufficient- 
ly provide  a^nst  the  impressment  of  American  sfamen}**| 
and  **  that  it  is  better  to  have  no  article,  and  to  meet  the  con- 
sequences, than  not  to  enumerate  merchant  vessels  on  the  high 
seas,  among  the  things  not  to  be  forcibly  entered  in  search  of 
deserters.*'!!  But  the  British  claim,  expanding  with  aingular 
elasticity,  was  soon  found  to  include  a  right  to  enter  Ameri- 
can vessels  on  the  high  seas,  in  order  to  search  for  and  aeise 
all  British  seamen}  it  next  embraced  the  case  of  every  Bri- 
tish subject;  and,  finally,  in  ita  practical  enforcement,  it  has 

*  SeciMrtkuhrty,  Mr.  King's  nropoutions  to  fcmlGrenviUc.wid  lord  Hawkn- 
bury,  of  the  13th  of  April.  179T,  the  15th  of  Mtreb,  1799,  the  S5th  of  Fe- 
brauy,  1801,  and  in  July,  1813. 

t  See  Mr.  Litwn't  nott  to  Mr.  Pickeriaft  the'iecretuy  of  Mat*,  dated  tlMith     \. 
of  Febrwry.  1800. 

I  See  the  opinion  of  Mr.  Pickering,  lecretary  of  itate,  enekMing  the  plan  of  a 
trnty,  dated  the  3d  of  May,  1800,  and  the  opinion  of  Mr.  Wolcott,  accntaiy 
of  the  treaMUT,  dated  the  lith  of  April,  180O. 

II  See  the  o^nion  of  Mr.  Stoddert,  secietaiy  of  the  navy,  dated  the  S9d  of 
April,  1800,  attdtheoninkmaof  Mr.  Lee,  attorney  general,  dated  the  MUi  of 
Februaiy,  and  the  30th  of  Apiil,  1800.  ■,         ',-'^4«<^>    > 


IS 

been  extended  to  every  mariner,  who  could  'not  prove,  upon 
the  spot,  that  he  was  a  cititen  of  the  United  Sutes. 

While  the  nature  of  the  British  claim  was  thus  ambiguous 
and  fluctuating,  the  principle  to  which  it  was  referred,  for  jus- 
tification and  support*  appeared  to  be,  at  once,  arbitrary  and 
illusory.  It  was  not  recorded  in  any  positive  code  of  the  law 
of  nations;  it  was  not  displaved  in  the  elementary  works  of 
the  civilian;  nor  had  it  ever  been  exemplified  in  the  maritime 
usages  of  any  other  country,  in  any  other  age.  In  truth,  it 
was  the  offspring  of  the  municipal  law  of  Great  Britain  alone; 
equally  operative  in  a  time  of  peace,  and  in  a  time  of  war;  and, 
under  all  circumaUnces,  inflicting  a  coercive  jurisdiction,  upon 
the  commerce  and  navigation  of  the  world. 

For  the  legitimate  rights  of  the  belligerent  powers,  the 
United  States  nad  felt  and  evinced  a  sincere  and  open  respect. 
Although  they  had  marked  a  diversity  'of  doctrine  among  the 
most  celebrated  jurists,  upon  many  of  the  litigated  points  of  the 
law  of  war;  although  they  \jni  formerly  espoused,  with  the 
example  of  the  most  powerful  government  of  Europe,  the 
principles  of  the  armed  neutrality,  which  were  established  in 
the  year  1780,  upon  the  basis  of  the  memorable  declaration  of 
the  empress  of  all  the  Russias;  and  although  the  principles  of 
that  declaration  have  been  incorporated  into  all  their  public 
treaties,  except  in  the  instance  of  the  treaty  of  1794;  yetf  the 
United  States,  still  faithful  to  the  pacific  and  impartial  policy 
which  they  professed,  did  not  hesitate,  even  at  the  commence- 
ment of  Uie  French  revolutionary  war,  to  accept  and  allow  the 
exposition  of  the  law  of  nations,  as  it  was  then  maintained  by 
Great  Britain;  and,  consequently,  to  admit,  upon  a  much  con- 
tested point,  that  the  property  of  her  enemy,  in  their  vessels, 
might  be  lawfully  captured  as  prise  of  war.^l^  It  was,  also, 
freely  admitted,  that  a  belligerent  power  had  a  right,  with  pro- 
per cautions,  to  enter  and  search  American  vessels,  for  the 
goods  of  an  enemy,  and  for  articles  contraband  of  war;  that,  if 
upon  a  search  such  goods  or  articles  were  found,  or  if,  in  the 
course  of  the  search,  persons  in  the  military  service  of  the  ene- 
my were  discovered,  a  belligerent  had  a  right  of  transhipment 
and  removal;  that  a  belligerent  had  a  right,  in  doubtful  cases, 
to  carry  American  vessels  to  a  convenient  station,  for  further 
examination;  and  that  a  belligerent  had  a  right  to  exclude 
Americsm  vessels  from  ports  and  places,  under  the  blockade  of 
an  adequate  naval  force.   These  rightt  the  law  of  nations  might, 

•  See  the  conespondence  of  the  year  1792,  between  Mr.  JefferMn,  lea^y 
of  state,  aod  the  ministers  of  Great  Britain  and  France.  See  also,  Mr,  JeSu' 
■on's  letter  to  the  American  minister  at  ?wn»,  of  the  same  year,  re^uo^  t^ie 
rccaD  of  Mr.  Genet.  •     '■  >\-.  .fi-,.^'''v  ' 


m 


'not  prove,  upon 
utes. 

thus  ambiguous 
referred,  for  jue- 
:e,  arbitrary  and 
code  of  the  law 
tentary  works  of 

in  the  maritime 
ge.  In  truth,  it 
at  Briuin  alone{ 
imeofwar;  and, 
irisdiction,  upon 

ent  powers,  the 
nd  open  respect. 
:trine  among  the 
ited  points  of  the 
oused,  with  the 
of  Europe,  the 
re  established  in 
l}le  declaration  <^ 
die  principles  of 
all  their  public 
f  1794;  yet,  the 
impartial  policy 
It  the  commence- 
ptand  allow  the 
n  maintained  by 
pon  a  much  con- 
in  their  vessels, 
*  It  was,  also, 
.right,  with  pro- 
vessels,  for  the 
d  of  war;  that,  if 
nd,  or  if,  in  the 
irvice  of  the  ene* 
;  of  transhipment 
I  doubtful  cases, 
tion,  for  further 
right  to  exclude 
r  the  blockade  of 
of  nations  might, 

r.  Jeffenon,  wcntaiy 

See  also,  Mr.  Jelier> 

:  year,  requc«tia|  Uift 


IS 

reasonably,  be  deemed  to  sanction;  nor  has  a  fair  exercise  of 
the  powen  necessary  for  the  enjoymont  of  these  rights,  been, 
at  any  titne,  controverted,  or  opposed,  by  the  American  govern- 
ment. 

But  it  must  be  again  remarked,  that  the  claim  of  Great  Bri- 
tain was  not  to  be  satisfied,  by  the  most  ample  and  explicit  re- 
cognition of  the  law  of  war;  for,  the  law  of  war  treats  only  of 
the  relations  of  a  belligerent  to  his  enemy,  while  the  claim  of 
Great  Briuin  embraced,  also,  the  relations  between  a  sovereign 
and  his  subjects*  It  was  said,  that  every  British  subject  was 
bound  by  a  tie  of  allegiance  to  his  sovereign,  which  no  lapse  of 
time,  no  change  of  place,  no  exigency  oilife,  could  possibly 
weaken,  or  dissolve.  It  was  said,  that  the  British  sovereign 
was  entitled,  at  all  periods,  and  on  all  occasions,  to  the  services 
of  his  subjects.  And  it  was  said,  that  the  British  vessels  of  war 
upon  the  hirii  seas,  might  lawfully  and  forcibly  enter  the  mer- 
chant vessels  of  every  odier  nation  (for  the  theory  of  these 
pretensions  is  not  limited  to  the  case  of  the  United  States, 
although  that  case  has  been,  almost  exclusively,  affected  by 
their  practical  operation)  for  the  purpose  of  discovering  and 
impressing  British  subjects.*  The  United  States  presume  not 
to  discuss  the  forms,  or  the  principles,  of  the  governments  esta- 
blished in  other  countries.  Enjoying  the  right  and  the  blessing 
of  self-TOvernment,  they  leave,  implicitly,  to  every  foreign 
nation,  the  choice  of  its  social  and  political  institutions.  But, 
whatever  may  be  the  form,  or  the  principle,  of  government,  it  is 
an  universal  axiom  of  public  law,  among  sovereign  and  inde* 
pendent  states,  that  every  nation  is  bound  so  to  use  and  enjoy 
Its  own  rights,  as  not  to  injure,  or  destroy,  the  rights  of  any  other 
nation.  Say  then,  that  the  tie  of  allegiance  cannot  be  severed, 
or  relaxed,  as  respects  the  sovereign  and  the  subject;  and  szy, 
that  the  sovereign  is,  at  all  times,  entitled  to  the  services  of  the 
subject;  still,  there  is  nothing  gained,  in  support  of  the  British 
claim,  unless  it  can,  also,  be  said,  that  the  British  sovereign  has 
a  right  to  seek  and  seise  his  subject,  while  actually  within  the 
dominion,  or  under  the  special  protection,  of  another  sovereign 
state,  lliis  will  not,  surely,  be  denominated  a  process  of  the 
law  of  nations,  for  the  purpose  of  enforcing  the  rights  of  war; 
and  if  it  shall  be  tolerated  as  a  process  of  the  municipal  law  of 
Great  Britain,  for  the  purpose  of  enforcing  the  rignt  of  the 
sovereign  to  the  service  of  his  subjects,  there  is  no  principle  of 
discrimination,  which  can  prevent  its  being  employed  in  peace, 
or  in  war,  with  all  the  attendant  abuses  of  force  and  fraud,  to 
justify  the  seizure  of  British  subjecu  for  crimes,  or  for  debts; 

*  S^the  Britiah  declaration  of  the  lOth  of  Juiuary,  1813.  -^ 


fil 


ill 

hi 


! 


i 


~,s<fTs: 


f! 


I. 


Mid  the  Mizure  of  British  property,  for  my  cauu  that  shall  be 
arbitrarily  awigned.  The  introduction  of  thcM  degrading  no- 
veltiee,  into  the  maritime  code  of  nations «  it  has  been  the  ardu* 
ous  task  of  the  American  government,  in  the  onset,  to  oppose) 
and  it  rests  with  all  other  governments  to  decide,  how  fiur  their 
honor  and  their  interesu  must  be  eventually  ImpHeated,  try  a 
tacit  acquiescence,  in  the  successive  usurpauons  of  the  Britlah 
flag.  If  the  right  claimed  by  Great  Britain  be,  indeed,  common 
to  all  governments,  the  ocean  will  exhibit,  in  addition  to  its 
many  other  perils,  a  scene  of  everlasting  strife  and  contention} 
but  what  other  government  has  ever  claimed  or  exercised  the 
right?  If  the  ri^ht  shall  be  exclusively  established  as  a  trophy  of 
the  naval  superiority  of  Great  Britain,  the  ocean,  which  iiaa 
been  sometimes  emphatically  denominated,  **  the  high  way  of 
nations,"  will  be  identified,  in  occupancy  and  use,  with  the  do> 
minions  of  the  British  crown)  and  every  other  nation  must 
enjoy  the  liberty  of  passage,  upon  the  payment  of  a  tribute,  or 
the  indulgence  of  a  license!  but  what  nation  is  prepared,  fmr  this 
sacrifice  of  its  honor  and  its  interests?  And  if,  after  aU,  the 
right  be  now  asserted  (as  experience  too  plainly  indicates)  for 
the  purpose  of  imposing  upon  the  United  Statea,  to  accommo* 
date  the  British  maritim»folicy,a  new  and  odioua  limitation  of 
die  sovereignty  and  independence,  which  were  aeq\tired  by  tht 
l^rious  revolution  of  1770,  it  is  not  for  the  American  govern* 
mentto  calculate  the  duration  of  a  war,  that  shall  be  waged,  in 
resistance  of  the  active  attempts  of  Chreat  Britain,  to  accom- 
pl'ish  her  project:  for,  where  is  the  American  citisen,  who  would 
tolerate  a  day's  submission,  to  the  vassalage  of  such  a  con* 
dition? 

But  the  American  government  has  seen,  with  aome  suroriie, 
the  gloss,  which  the  prince  regent  of  Great  Briuin,  in  his  de- 
claration of  the  10th  of  January,  IStS,  has  condescended  to 
bestow  upon  the  British  claim  of  a  right  to  impreu  men,  on 
board  of  the  merchant  vessels  of  other  nations)  and  the  retort, 
which  he  has  ventured  to  make,  upon  the  conduct  of  the  United 
States,  relative  to  the  controverted  doctrinea  of  expatriation. 
The  American  government,  like  every  other  civilised  govern- 
ment, avows  the  principle,  and  indulges  the  practice, of  natural* 
ixing  foreigners.  In  Great  Britain,  and  throughout  the  conti- 
nent of  Europe,  the  laws  and  regulations  upon  the  subject*  are 
not  materially  dissimilar,  when  compared  with  the  laws  and 
regulations  of  the  United  Stotes.  The  effisct,  however,  of  such  «»• 
turalisation,  upon  the  connexion,  which  previously  subaisled, 
between  the  naturalized  person,  and  the  government  of  the 
country  of  his  birdi,  has  been  differeptiy  considered,  at  diflbr- 
ent  times,  and  in  different  places.    Still,  there  are  oiaiiy  r«- 


Itr 


that  thall  be 
i«|r«dlng  no* 
ttntheardu* 
it.tooppoMj 
how  &r  theW 
pUeattd,bgr  « 
of  thtBrltUh 
Ittdi  common 
ddUton  to  its 
ad  eontf  ntlont 
•kcreiMd  tht 
mta  trophy  of 
«m  which  hat 
ieW|hwayof 
•,  with  the  do- 
r  naUon  muit 
of  « tribute,  or 
ep«red,forthU 
f,  nftcr  nU,  tho 
^  Indicates)  for 
I,  toaccommo- 
tuallmltttlonof 
•cqulrcdbytha 
lerican  iotyrn- 
dlbe  waftdiln 
tain,  to  accom- 
len,  who  would 
of  auch  a  con* 

aome  aurprlaa. 
luin,  in  hia  dc- 
ondaacended  to 
mpreu  men,  on 
It  and  the  retort, 
tctof  the  United 
of  expatriation. 
IvIUned  goveni- 
«tlce, of  natural, 
^ottt  the  contt- 
the  tubject,  are 
th  the  lawa  and 
ever,  of  auch  n» 
iottily  aubaiaied, 
iremment  off  *• 
dered,  al  difer- 
e  are  mwy  ^' 


^  11 

V, 

"  ipecta,  la  which  a  diveraltv  of  o|dnlon  doea  not  eidst,  and  cannot 
irise.    It  is  agreed,  on  all  hand*,  that  an  act  of  natnralixatloa 
It  not  a  violation  of  the  law  of  national  and  that,  in  particular, 
,lt  la  not,  In  itself,  an  offence  against  the  government, whoso 
jubjea  is  naturaliaed.    It  Is  agreed,  that  an  act  of  naturalisa* 
tion  creates,  between  the  parties,  the  reciprocal  obligations  of 
allegiance  and  prouctlon.    It  is  agreed,  that  while  a  natural* 
ilea  citizen  continuea  within  the  territory  and  jurisdiction  of 
his  adoptive  government,  he  cannot  be  pursued,  or  seized,  or 
restndned,  by  his  former  sovereign.    It  is  agreed,  that  a  oatu- 
raliied  citisen,  whatever  may  be  thought  of  the  claims  of  the 
sovereign  of  his  native  country,  cannot  lawfully  be  withdrawn 
from  the  obligations  of  his  contnwt  of  naturalisation,  by  the 
force  ,or  the  aeduction,  of  a  third  power.  And  it  la  agreed,  that 
no  sovereign  can  lawfully  interfere,  to  uke  from  the  service,  or 
the  employment,  of  another  sovereign,  persons  who  are  not 
the  subjects  of  either  of  the  sovereigns  engaged  in  the  transac- 
tion.   Beyond  the  principles  of  these  accorded  propositions, 
wlwt  have  the  United  Sutes  done  to  justify  the  impuuUon  of 
**  harboring  British  seamen,  and  of  exercising  an  assumed  right, 
to  transfer  the  allegiance  of  British*,  subjecto?'**    The  United 
States  have,  indeed,  insisted  upon  die  right  of  navigating  the 
ocean  In  peace  and  safety,  protecting  all  that  is  covered  by  their 
flag,  aa  on  a  place  of  equal  and  common  jurisdiction  to  tUSi 
Muoas}  save  where  the  law  of  war  Interposes  the  exceptions  of 
vialtation,  search,  and  capture;  but,  in  doing  this,  they  have 
done  no  wtonf.    The  United  States  in  perfect  consistency,  it 
Is  believed,  with  the  practice  of  aU  belligerent  nations,  not  even 
excepting  Great  Britain  herself,  have,  indeed,  announced  a  de- 
temunation,  aince  the  declaration  of  hostilities,  to  afibrd  pro- 
tection, aa  well  to  die  naturalized,  as  to  the  native  citisen,  who, 
2»ving  the  strongest  proofs  of  fidelity,  should  be  taken  in  arnsa 
y  the  enemy}  and  the  British  cabinet  well  know,  that  this  de- 
termination could  have  no  influence  upon  those  councils  of  their 
sovereign,  wMch  preceded  and  produced  the  war.    It  was  nbt, 
then,  to  ,**  harbor  British  aeamen,"  nor  to  "transfer  the  allegi- 
ance of  British  subjecU)**  nor  to  "cancel  the  jurisdiction  of 
thefar  legitimate  sovereign;"  nor  to  vindicate  "the  pretensioB 
that  acts  of  naturalization,  and  certificates  of  citisenship,  were 
aa  valid  out  (^  their  own  territory,  as  within  it;*^  that  the 
U^ted  Statea  have  asserted  the  honor  and  the  privilege  ot  their 
flag,  by  the  force  of  reason  and  of  amu.    But  it  waa  to  resist 
a  qratenutic  scheme  of  maritime  aggrandisement,  vrtiich,  pre- 

*  8m  Am  BtWah  dMlmtian  of  tlw  10th  of  Janmry.  1813. 

t  Sm  tkcM  ps^Nfet  inthr  Bridik  dMlaniion  of  the  10th  of  Juraux,  1813. 


« ■>, 


•cribing  to  every  other  nfttion  the  limits  of  a  territorial  boun* ' 
dary,  claimed  for  Great  Briuin  the  exclusive  dominion  of  the 
seasi  and  whicht  spuming  the  settled  principles  of  the  law  of 
war,  condemned  the  ships  and  mariners  of  tne  United  States, 
to  suffer,  upon  the  high  seas,  and  virtually  within  the  jurildic- 
tion  of  their  flag,  the  most  rigorous  dispensations  of  the  BHtish 
municipal  code,  inflicted  by  the  coarse  and  licentious  hand  of  a 
British  press«^g> 

The  injustice  of  the  British  claim,  and  the  cruelty  of  the 
British  practice,  have  tested,  for  a  series  of  years,  the  pride 
and  the  patience  of  the  American  government:  but,  still,  every 
experiment  was  anxiously  made,  to  avoid  the  last  resort  of  na- 
tions. The  claim  of  Greet  Britain,  in  iu  theory,  was  limited 
to  the  right  ofseelcing  and  imprcMing  its  own  subjects,  on 
board  of  the  merchant  vessels  of  the  United  States,  alUiou^ 
in  Altai  experience,  it  has  been  extended  (as  already  appears) 
to  the  seizure  of  the  subjecu  of  every  other  power,  saihng  un- 
der a  voluntary  contract  with  the  American  merchanti  to  the 
seisure  of  the  naturatiied  citisens  of  the  United  States,  sailing, 
also,  under  voluntary  contracts,  which  everv  foreigner,  inde* 
pendent  of  any  act  of  naturalisation,  is  at  liberty  to  forgs  in 
every  country;  and  even  to  the  seizure  of  the  native  citizens 
of  the  United  Sutes,  sailing  on  board  the  ships-  of  their  own 
nation,  in  the  prosecution  ofa  lawful  commerce.  The  excuse, 
for  what  has  lieen  unfeelingly  termed,  **  partial  mistakes,  and 
occasional  abuse,**^  when  the  right  of  impressment  was  prac- 
tised towards  vessels  of  the  United  States,  is,  in  the  words  of 
the  prince  regent's  dechuation,  *' a  similarly  of  language  and 
manners:"  but  was  it  not  known,  when  this  excuse  was  mered 
to  the  worhl,  that  the  Russian,  the  Swede,  the  Dane,  and  the 
German;  that  the  Frenchman,  the  Spaniard,  and  the  Fortu* 
guese;  nay,  that  the  African  and  the  Asiatic;  between  whom 
and  the  people  of  Great  Britmn  there  e»stt  no  simiUrity  of 
language,  manners,  or  comcAexion;  had  been,  equdly  with  the 
American  citizen  and  the  British  subject,  the  victims  of  the. 
impress  tyranny^f  V*  however,  the  excuse  be  sincere;  if  the 
real  object  of  the  imjMressment  be  merely  to  secure  to  Great 
Briuin,  the  naval  services  of  her  own  subjects,  and  not  to  man 
herfleett,  in  ever)r  practicable  mode  of  enlistment,  by  ri^t, 
or  by  wrong;  and  if  a  just  and  generous  government,  profess- 
ing mutual  friendship  and  respect,  may  be  presumed  to  preitr 
the  accomplishment,  even  of  a  legitimate  purpose,  by  aseaas 

*  S«e  the  Brituli  declaration  of  the  lOth  of  Januarjr.  1>I3. 

t  See  the  letter  of  Mr.  Pickering,  tecretarv  of  atate,  to  Mr.  King,  miniiter  at 
London,  of  the  ie6th  of  October,  1796;  and  the  letter  of  Mr.  Manhall.  acottarf 
of  state,  to  Mr.  King,,  of  the  20tb  of  September,  1800. 


fi 


17 


rttoriil  bottiK 
niaion  of  the 
of  the  Uwof 
Jnited  Suui* 
I  the  jttiMlc- 
oftheBHtieh 
iout  hand  of  • 

cruelty  of  the 
art,  the  pride 
ittt,  etiU.  every 
It  reiort  of  ae- 
ry, was  limited 
a  tttbjecu,  oa 
itca,  although, 
eady  appears) 
rer,  tailtog  ua- 
erchaati  to  the 
Btatee,  sailiag, 
foreigacr,  io^- 
erty  tofongam 
naUve  cittzeaa 
■  of  their  own 
.    The  excuse, 
mistakes,  and 
nent  was  prac- 
in  the  words  of 
if  language  aad 
;use  was  offered 
i  Dane,  and  the 
and  the  Porta* 
Mtween  whom 
lo  similarity  of 
squally  with  the 
*  victims  of  the 
sincere}  if  the 
secure  to  Great 
and  not  to  man 
ment,  by  right, 
•nment,  profess^ 
»umed  to  prefer 
rpose,by  means 

«;.  Kliig.mtol««rs» 
r.  ManlMll.  accittMT 


the  least  afDiciing  and  injurious  to  others,  why  have  the  over- 
tures of  the  United  flutes,  offering  other  aaeans  as  effectual  as 
impressment,  ibr  the  pulfMse  avowed,  to  the  consideration  and 
acceptance  of  Great  Britain,  been  forever  eluded  or  rejectedf 
It  hae  been  offered,  that  the  number  of  men  to  be  protected  by 
an  American  vessel,  should  be  limited  by  hertonnagei  that 
British  officers  should  be  permitted,  in  British  ports,  to  enter 
the  vessel,  in  order  to  ascertain  the  number  of  men  on  board} 
and  that,  in  caise  of  an  additioik  to  her  crew,  the  British  sub- 
jects enlisted  should  be  liable  to  impressment.*  It  was  offered 
in  thi'tolemn  form  of  a  law|that  American  seamen  should  be  re- 

Slteredi  that  they  should  be  provided  witlrcertificaten  of  citisen* 
iplflnd  that  the  roll  of  the  crew  of  every  vessel  should  be  for- 
mally authenttciited.)  Itwasofliired*  that  no  refuge  or  protec- 
tion shotfid  be  given  to  deserters;  but  that,  bn  the  contrary,  they 
should  be  surrendered.il  It  waa  **  again  and  again  offer4di  to  con- 
cur in  a  ce'aVemioo,  whi^h  it  was  thought  praaicable  to  be  form- 
td,  and  which  should  Settle  the  queetions  uf  Impressment,  in  a 
manner  thdt  would  be  safe  for  £ngland;  and  satisfactory  to  the 
United  8tatcs.^f  Ik  was  offeitd*  that  iwih  party  should  prohibit 
its  citiaens  or  subieitts',  froih  clai(3cktlnelv  concealing  or  carrying 
nwayi  fnnri  the  territories  6r  colonies  of  thtf  other,  any  seaman 
belonjMng  to  the  other  partyjl  Andt  conclusively,  it  has  been 
offered  Md^  declaimed  by  l^w,  that  f*  aifter  tnfe  termination  of  the 
prbaeat  war,  it  should  not4>e  bwful  to  Employ  on  board  of  any 
of  the  public  or  private  Vessels  of  the  United  States,  any  p«r- 
Mw,  except  cititen^of  the  Uriited  fltatesi  and  that  no  foreign- 
er should  be  adniltted  tb*t>ecome^  a  citiien'herealter,  who  had 
not,  Ibr  the  continued  term  6f  live  year*,,  resided  within  the 
United  fimies,  without^  beings  at-  any  time,  ^during  the  -  five 
yian;  but  df  the  <^rritpft  of  the  United  States."** 

It  Is .  manifiBst  then,  Uiat  such:  provi^ioin  might  be  made  by 
law;  andf  thatlioeh  provision  has  been  repeatedly  and  urgentnr 
proposed;  as  #ould,rth'  aP  ftttiiire  times^  exclude  firom  the  mari- 


of  rate,  to  Mr.  Phil 
aa^tlM  fettarof  Mr. 


mhy«- 


■  ■■■■'■  .  -.  . 

*^8w  tlw  Imtr  of  Mr.  JsAmmi, 
t«,«tLandM.,dMid  the .UtIioC  Japs.  Kl  ..    ^ 

Mctttsijr  e(  m»t  io  Mr.  King,  mi^iiMr  it  Loadoo,  duid  tbs  atfi  ef  ihas* 
•17f6.  -       '/■ 

ftss  tks  SCI  «r  cMfmnsMMl  ths  «8di  of  iHuf,  1790.  -        ^ 

tS««  ilMlMWriDf>Mr.  IWwtal^  dscistair  of  rata,  to  Mr.  Kiai,  mUMarst 

I  Sii  ai^a|kt  or>  tfi^m  'Kfj^'  ^'•twMA  Mr._ndMri«f,  Motta* 


PhUaddMto,  in  tb« 


« ,8sS-a^  latter  oT  Sir.  Kist, '  arinlitar  st  Loadoa;-  <o  Uw  wtenmy  «t  MM, 
daiSitiM  Ifttk  of  Maidi.  ITW- 
ItUl^latHror  Mr.  KiMito  dw  MGt«9*7  «f  Mta.  datad  la  Jol/,  1«M. 
**9^  stt  Of  coHMaT^tiaHr on  the  3d  of  Mon^,.  |813, 


r 


a- 


■*-■- 


,•■'»;!-■«■>,— ' 


.•*i.a,.i 


i«*^^  '  -3^* 


If  111 


time  .ervire of  lh«  United  State*, both  i"\p«WiciJ«d |n pjWite 
vetteU.  every  perw>o,  who  could,  potelbjy,  be  claimed  by 
Ore«  bS  m  «  native  .ublect,  whether  he  hnd.  or  bad  not. 
Sen  naturaliaad  In  America^     Enforced  by  the  .ame  wnc- 
tioneand  wciiritie.,  which  are  employed  to  enforce  Aeijmd 
code  of  Great  Britain,  a»  well  at  the  penal  code  of  the  United 
8iatrt.  the  provUlon  would  afford  the  etrongert  evidence,  that 
MBrltiA»uVct  could  be  found  in  tertlce  on  !»«'<\°f  •» 
American  v«.el.  and,  conaequently.  whatever  might  be  th« 
Brltith  light  of  Imprewment,  In  U.e  abetract,  there  womW  w- 
Saln  no  pfiabl.  motive,  ^here  «»«"  »'•'?*^'l  ^Tl^^?  ' 
3au.lble  pretext,  to  exerclw  It,  at  the  eaoeole  of  the  i^jrfcjn 
Tiaht  of  Tawful  commerce.    If,  too,  a.  It  hat  .ometlrtea  been 
Intinuated,  there  would,  neyerthetew,  be  room  for  frauds  and 
evaS^.,  it  II  .uftcieot  to  obeerve,  that  the  American  govertj. 
ment  would  alwaya  be  ready  to  hear,  and  to  «<»«••.  «W 
just  compUinl:  or.  If  redre..  were  .ought  and  refuted.  J  V^' 

llmioary  cour.e.  that  ought  °«^«^««  \*rfi"|i  JS*A^u2 
which  Owat  Britain  hat  never  purtued,)  U  w««W  tftU  ^  I j  ftj 
power  of  the  Brltlth  government  to  retort  to  Itt  own  force,  bf 
Eu  equivalent  to  irar.  for  die  reparation  of  i»  wro-f/BW 
Great  Britain  haa,  unhappfty,  perceived  In  *«  •««2»JJ»". J^ 
the  overturet  of  the  American  government,  contemiencjt  inju- 
riout  whTr  maritime  policy,  and,  therefore,  w^AhoWt  it,  jt 
3.e  expend  of  her  jugiice.    She  pe<*:eWea,^  perhaij.,  a  lojtof 
Se  AiTericmi  nurte'ry  for  her  ««imen,  ''^•»«  *«  ». '^p^J 
aloit  of  the  service  qf  American  crewt,  while  the  It  at  war; 
mH  lot.  of  many  ofthoteopportunitlet.  which  have  enablfd 
Terti  enrich  J  nivy,  by  Se  tpoiU  ofth.  Amenc-J  «»«. 
merce,  without  expoting  her  own  commerce  to  the  ntk  ^rreta- 

'^T?ittt%"5^t"uni{ed  Stare.,  in  a.eaton  of  rqmteVI  peace. 
invoWed  in  the  evllt  of  a  tute  of  war;  and  thuf  wat  the  Ame- 
Scan  flag  annoyed  by  a  nation  «ill  profcstmfe  to  chemh  Ac 
aentimenuof  mutuilfricndthip  and  retpect.  wWchh^-been 
reeenUv  vouched,  by  the  faith  of  atblemn  treaty.    But  Wife 
AmeriL  S^veroment'  even  yet  abrtained  from  vindjcatingju 
rtRhU,  and  from  avenmng  it.  wrongt.  by  an  appeal  J  J'jJJ- 
It^ratnot  an  in.en.ib.Rty  to  thoMs  wrong.;  nor  a  dr««J^^2;; 
tub  oower:  nor  a  .ubserviency  to  British  mtereaU,  that  Ofa- 
lSeS?rt£a?per.i.  in  the  council,  of  the  UnUed-Statet:  W, 
under  all  triaU,  the  American  govemirient  abstained  ««»m,^ 
appeal  to  arm,  then,  a.  it  ha»,  repeatedly  .ince  done,  In  ita  c^ 

t  •  See  the  letter  of  taitnictlonii  from  Mr  Monroe.  .«^"JJ»L«"2i52fl 

^       ple«;^.e«ti.rie.  fo,  tmiing  of  P*»ce  *l.h  G«.t  Brrt.m.  uadif^^  a-^W* 

Sf  tlM  emperor  Alexander.  3»ted  the  15th  of  ApU,  1813. 


I! 


11 


and  in  private 
B  clMined  by 
id,  or  had  not, 
le  taote  lanc- 
brce  the  penal 
of  the  United 
evidence,  that 
n  board  of  an 
might  be  the 
lere  woti^kl  re- 
be  invented  a 
ftheAmfncan 
ometinkee  been 
for  frauds  and 
lerican  govern- 
redreat,  ev^ry 
refueed*  (a  pt«" 
n  omitted,  but 
IdetiUheintha 
tt  own  force,  bf 
» wrong!.  But 
lie  acceptance  of 
iMcqucnc<;a  inju* 
wVtWioidt  it,  at 
crhape,  a  Iqm  of 
the  itatpeaca; 
le  she  is  at  war; 
eh  have  enablfd 
t  American  com* 
(the  risk  pfretn- 

f  reputed  peace, 
ug  was  the  Ame* 
[  to  cherish  ^e 
wmch  had  been 
treaty.  But  Ihfc 
n  vindicating  its 

•PPf  »J  ?  ?ffl* 
»r  a  dread  of  ml* 

leresu,  that  oN- 

nited.Statest  wj.. 

itainied  fromit** 

e  done,  in  its  epp' 


lisions  with  France,  as  well  as  with  Great  Britain,  from  the 
purest  love  of  peace,  while  peace  could  be  rendered  compatible 
with  the  honor  and  independence  of  the  nation. 

During  the  period,  which  has  hitherto  been  more  particularly 
contemplated  (from  the  declaration  of  hostilities  between  Great 
Britain  and  France  in  the  year  1793,  until  the  short'lived  paci- 
fication of  the  treaty  of  Amiens  in  1(HM)  there  were  not  waat- 
ing  occasions,  to  test  the  consistency  and  the  impartiality  of  the 
American  government,  by  a  comparison  of  its  conduct  towards 
Great  Britain,  with  its  conduct  towards  other  nations.  The 
manifestations  of  the  eitreme  Jealousy  of  the  French  govern- 
ment, and  of  the  Intemperate  aeal  of  Its  ministers  near  the 
United  States,  were  co^cval  with  the  proclamation  of  ncutraUtyt 
but  after  the  ratification  of  the  treaty  of  London,  the  seen*  of 
vifilciice,  spoliation,  and  contumely,  opened  by  Franca,  upon  the 
United  States,  became  such,  as  to  admit,  perhaps,  of  ito  paral- 
lel, except  in  the  coumporaneous  scenes  which  were  eshiblted 
by  the  injustice  of  her  great  competitor.  The  American  n- 
vcmment  acted,  in  both  casee,  on  the  aame  pacific  policyi  In  die 
aame  spirit  of  patlenca  and  forbearance;  out  with  the  aame 
determination,  also,  to  assert  the  honor  and  Independence  of 
the  nation.  When,  therefore,  every  conciliatory  effort  had  failed* 
md  When  two  successive  missions  of  peace  had  been  contemp- 
tuously repulsed,  the  American  government,  in  the  year  17M, 
annulled  lu  treatiea  with  France,  and  waged  a  naaritinae  war 
agabst  that  nation,  for  the  defence  of  Its  citizens,  and  of  Ita 
commerce,  passina  on  the  high  seas.  But  as  aoon  aa  the  Ik^ 
waa  conceivedi  or  a  satisfactory  change  In  the  dispoaltiona  of 
the  French  government,  the  American  government  hastened 
to  send  anotheir  mission  to  France;  and  a  convention,  algned  In 
the  year  1800,  terminated  the  subusUng  diflRerencea  Mtween 
tb«t  two  countrios. 

Nor  were  the  United  Statea  able,  durina'the  aame  period^  to 
avoid  a  coUisioti  with  the  |ovemment  of  Spun,  upon  many  tm- 
port^t  and  critical  questiona  of  boundanr  and  commercei  of 
Indbm  war&te.  and  maritime  spoliation.  Preserving,  however, 
their  system  of  aMdcration,  in  the  aascrtion  of  their  rl|^,  a 
course  of  amicable  diacinaion  and  eiqplanation,  produced  miii- 
tual  satlsAwtloof  and  a  trtaty  of  frieadship,  limits,  and  navMni- 
tion,  was  lornBed  in  the  year  1791,  bv  which  the  citixena  of  the 
United  Statea  acquired  a  right,  for  the  space  of  three  years,  to 
dtporite  their  merohaadlaea  and  effectt  in  the  port  of  New  Or- 
ItMM)  with  a  njomisej  either  that  the  enjoyment  of  ^utt  right 
ahoukl  be  inaBfinitel^  continued,  or  duit  another  part  of  the 
banlia  of  the  lllaaiaaibpi  should  be  assigned  for  an  equivalent 
eataMiiibmenu  Bu^  Wnca,  in  the  year  IMS,  the  port  of  Mew  Or> 


r 


\'. 


Mf» 


<j!^ 


leant  wu  ■brupdjr  cloMd  •g»tnM  At  cltiunt  of  tlw  tTnlltd 
Suttti  withiiut  an  aaaignantnt  of  any  other  tquivalent  placa  of 
dapoaita*  the  ht^mony  of  the  two  countriea  waa  again  moat  aeri* 
oualy  endanfaradi  until  the  tpaniah  govarnnaiM,  yialdina;  (o 
the  renionatrancca  of  tha  Unltea  Htatea,  diaavowedthe  act  oitha 
intandaint  of  New  Orleanai  and  ordered  tha  right  of  depoaita  to 
ba  rainaiatcd,  on  the  tarma  of  the  treaty  of  17tfft> 

The  electa  producadt  even  by  a  temporary  auapanalon  of  ifta 
right  of  dapoaite  at  New  Orleana,  U|ion  the  intereata  and  faelingt 
ofthe  nation,  naturally  auigeated  to  the  American  govarnnMnt* 
tha  aapcdiency  of  guanflng  againai  their  recurrence,  by  tha 
acquiaition  of  a  permanent  property  in  the  province  of  l^uiai* 
The  minitur  of  tha  United  Statea,  at  Madrid,  waa»  ac« 


cordingly,  inatructed  to  apply  to  the  government  of  Spain  upon 
tha  aubject)  and,  on  the  4tn  of  May,  1809,  ha  received  an  an- 
awcr,  attting,  that  **by  tha  ratroceaaion  made  to  France  of 
Louiaiana,  that  power  rag^nad  the  province,  with  the  limita  it 
had,  aaving  the  righta  accjuired  by  other  powerat  and  that  tha 
United  Statea  could  nddreaa  themaelvea  to  tha  French  govern- 
ment, to  negotiate  the  acquiaition  of  territorlaa,  which  might, 
auil  their  intereat.*'*  But  before  thia  reference,  oAciiil  intor* 
mation  of  the  aame  fact  had  been  received  by  Mr.  Vinkncy 
from  the  court  of  Spain,  (n  the  month  of  March  preceding,  and 
tha  American  govemmeiit,  having  Inatituted  a  apacial  rotaaion 
to  negotiate  the  purchwe  of  Louiaiana  from  Frauce,  or  from 
Spain,  whichever  ahould  be  ita  aovereign,  the  purchaaa  waa, 
accordingly,  iiccomptiahed,  for  a  valuable  conaidcration,  (that 

I  'I         waa  punctually  paid)  by  the  treaty  concluded  at  Paria,  on  tha 
80th  af  April,  1805. 

Tha  American  government  haa  not  aeeo,  without  aoma  aen* 
aibilitj,  that  a  tranaactipn,  accompanied  by  auch  circumatancea 
of  general  publicityi  and  of  acrupuloua  good  faith,  haa  been 

I  'I  denounced  by  tha  pnnce  regent,  In  hie  dedaHM^on  of  the  10th 
of  January,  1813,aa  a  proof  of  the  "  ungenarbut  conidkict'*  of  tha 
United  Statea  towarda  8pain.t  In  ampU^catiott  of  the  royal  • 
charge,  tha  Britiah  negotlatora  at  Qhent,  have  preauaed  to 
imputa  *«  dbe  acquiaition  of  Louiaiana,  hy  dia  Uiiltad  Statisa,  t* 
a  apirit  of  aggrandizaqaent,  not  neceaaaty  to  thair  own  aecnrityi'* 
•na  to  malnuin  **  that  the  piiirehaae  waa  made  againatttia  kncnm 
conditiona,  on  which  It  had  bean  ceded  by  Spain  to  France;") 
that  **  In  Uie  face  of  the  protaatation  of  the  min|stei:  of  hie  catho* 

licmajcaqr  at.  Waahlngton,  the  preaident'of  the  United,  Btatai 

I  I        I       ■    I       J    1 1  r  'i  I  III        I      I    <  n 

*  8ca  Um  leitar  Cm  Dm  Padro  CwiUot,  ttai  miabtw  of  8|»in,  lo  MrX.  1^ 

nc/.  tba  miniMcr  of  tha  UnilHl  8iatc«,  datfd  Uw  4tk  of  Max,  18D3,  Awa  whkh 

the  pauandicd  ii  litcrallr  iranlated. 
^  9m  Om  prince  ragem  •  dwlararion  of  the  lOth  of  Jaaaaijrt  Ilia. 
)  See  the  note  of  the  British  commiuioncr%  dated  the  4th  of  September,  1114. 


Brit 


•  z/ 


tf  (1m  Unltwl 
itent  phic*  of 
kin  moit  mH* 
L  yitldlnt  10 
[tht  Kt  olthc 
ofdspotlMto 

|Mn«lon  of  t^ 
It  tnd  fMUogf 

I  govcrBOMiitt 
rrcocctby  iho 
nee  of  LouitU 
drid»wu»  «• 
of  Spain  upon 
lecivcd  tn  ■n- 

to  France  of 
ththeUmltoU 

II  ftodihatthe 
rrench  govern* 

,  which  might. 
I,  oAcliil  Intof 
f  Mr.  Wnkney 
preceding,  end 
ipeclal  mieeion 
rauce,  or  from 
purchnte  «^**t 
denuUm,  (that 
It  Fkria,  on  the 

luMit  tome  ten* 
,  clrcumatancei 
faith,  hat  been 
ion  of  the  10th 
:o^d|uct"ofthe 
Hk  of  the  royal 
re  preeumed  to 
Mud  8tatJes«  to 
•owneecoriqrt'* 
alDet  the  known 
ID  to  Flrance;*^ 
Iter  of  hit  ci|tho* 
te  United  Btaiat 


ly 


Min,  to  Mr.  C.  !!»))• 
f7l809,Aeaiwhklik 

ry.im.  '^     ,:[/ 
of  ScptimbCT,  IBie. 


ratlAed  (he  treaty  of  purchaeei***  and  (hat  **  there  waa  good 
reaton  to  beUcve,  that  many  circumtiancct  a(tending  the  (rant- 
tctton  were  loduttrioutly  concealed.'f  The  American  govern« 
meni  cannot  coadctcend  to  retort  aepertloot  to  ni^utt,  in  tao» 
guage  to  opprobrioutt  and  peremptorily  rejcctt  the  pretention 
of  Oraat  Britain,  to  interfere  in  the  butlnete  of  the  United 
Btatet  and  8|>aint  but  It  owet,  neverthektt,  to  the  claimt  of 
truth,  a  ditdnci  ttatement  of  the  facta  which  have  been  thua 
mitrepreaenMd*  When  the  tpecial  mittion  wat  appointed  to 
negotiate  the  purchase  of  Louitiana  from  France,  in  the  manner 
already  mmtioned,  the  American  mbiateri  at  London,  waa  in* 
•tructed  to  explain  the  object  of  the  mittioni  and  having  made 
the  enlanatioo,  he  waa  attured  by  the  Britith  government, 
**  that  tlie  communication  wat  received  in  good  parti  no  doubt 
waa  auggetted  of  tl^c  right  oi  the  United  Btatet  to  pur»ue,  tepa> 
rately  and  alone,  the  objecu  they  aimed  at|  but  the  Britith 
government  appeared  to  be  natitled  with  (he  prctident't  viewt, 
o^iihla  important  tub|ect.**t  At  toon,  too,  at  ■  the  treaty  of 
purchaeewaa  concluded,  before  hottilitiea  weft  asain  actually 
comamnced  between  Great  Britain  and  France,  and  prcvioualy, 
indeed,  to  the  departure  of  the  FreiKh  ambataador  from  Lon- 
don, the  American  minitter  opcnlv  aotiftad  to  the  Britith  go* 
venment,  that  a  treanr  had  been  ttgned,  **  1^  which  the  com- 
plete tovercignty  of  the  town  and  territory  of  New  Orleaaa,  aa 
well  aa  of  allXouitiana,  aa  the  tame  wat  heretofore  pottetaed  by 
Spain,  had  been  acquired  by  the  United  Siatet  of  Anaerlc^i  and 
that  in  dn^wlng  up  the  treaty,  care  had  been  taken  to  to  fmme 
the  aome,  at  not  to  infrin|e  any  right  of  Oraai  Britain,  in  the 
navigatioo  of  the  river  MimiMippi.**!!  la  the  aaawtr  of  the  Brl- 


titft  govemaatnt,  it#aa  eapUcitly  dedared  by  lord  Hawketbury, 
**  thM  ha  had  recelircd  hit  majettvV  coaiatanda  to  eiprcta  the 
pleaaura  with  which  hit  majetty  had  received  the  intelligencei 
and  to  add,  that  hw  majetty  regarded  the  care,  which  had  been 
takca  CO  to  frame  the  treaty  aanot  to  infringe  any  right  of  Oreat 
Britain  in  the  navigation  of  the  Mitejbaippi,  aa  the  araet  aalia- 
fiMtory  evidence  of  a  diapocition  oa  ilw  part  of  the  foverameot 
of  the  .United  Biatea,  corretpoadent  with  that  which  hit  mi^ei« 
ty  eatertaiacd,  to  nromoie  aad  improve  that  harmony,  which 
to  happily  tubriaitd  between  the  two  countriee,  aad  which  wm 


t  SktiM 

Mtrai  LmmIm, 
NwrMwref 

HlMthl 


of  the  BtiiklieMMMuioMrt,  dtMd  tbt  IMi  of  SiMmitar.  1SI4. 
of  tiM  BrMth  commiuioMurt,  OmmI  cIm  ttk  of  Octobw.  IS14. 
Aon  tiM  MCNtarr  of  tMi*.  (o  Mr.  Kite,  tho  Anwricu  mini- 
iMd  tli*  Wih of  Jkmwv,  lacSiMd  Mr.  Kiafi  iMMrMihc 
dMdl  Um  Mik  of  April,  ifll». 
of  Mr.  lUflf,  tokiri  UtwkMbwr.dalUtht  IStkof  M»r,  IMS 


\ 


lyM 


I 


M  conducive  to  ilwlr  muiu«l  b«iit*i.»*»    Th«  world  will  judgt. 
whcilitr,  undrr  tuch  fircumtiancrt,  th«  BritUh  gov«rnmcnl  had 
Mv  cauM«  on  lu  own  atcnnnt,  to  arraiin  th«  conduct  of  the 
Untied  Buiee,  in  m«kin|  lite  uurchate  of  Louuienet  end,  cer> 
tainly,  no  meter  ceuM  will  be  found  for  the  ■rreignment,  on 
account  «/ Hpeln.    11»e  Bpeni»h  government  wiw  apprleed  of 
the   intention    of   the    Onited  Btelee    to    negotiate  ior    th« 
purchaie  of  that  province!  iia  amlMMMdor  wltnceacd  the  pfO« 
greee  of  the  negotiation  at  Parlt)  and  the  conclualooof  the  tren> 
ty,  on  the  Wih  of  April,  1803,  wae  promptly  known  and  under- 
•too<lat  Madrid.    Yet,  the  Bpanith  governmrnt  interpoatd  no 
oltjrctlon,  no  proteeutlon,  aguiiiit  the  traneaction,  in  Buropei 
and  it  wae  not  until  the  moiiih  of  September,  1M3.  that  the 
American  government  hc*rd,  with  turpriie,  from  the  mlnieter 
of  Hpain,  at  Waehington,  that  hie  catholic  majcety  wai  dieattla- 
fied  with  the  ceeeioo  of  Limieiaoa  to  the  Udiud  Hutee.    Not- 
wiihetandlng  thla  diplomatic  remonetrance,  however,  th«  tea* 
nieh  government  proceeded  to  deliver  the  poaeeealoo  of  I«u||l- 
ana  to  fVance,  in  execution  of  the  treaty  of  8t  lldelfoneoi  anw 
VVaoce,  by  an  almoet  aimultaneoua  act,  traoefer  the  poeeeaaion 
to  the  United  Btntae,  in  execution  of  the  treaty  of  purchaaat 
and,  finally,  instructed  the  Marquie  de  Caax  Trujo,  to  preaent  to 
the  American  government,  the  declaration  of  the  Iftih  of  Mur, 
1804,  acting  '*by  the  apecial  order  of  hia  aovereign,"  "  that  the 
cxplanatlona,  which  the  government  of  Prance  had  given  to  hb 
catholic  mi^eaty,  conccrqing  the  aale  of  Loutiiana  to  the  UDMcd 
States,  and  the  amicable  dispoeitions,  on  the  oart  of  the  king, 
his  master,  towards  these  stauc,  had  daurmined  him  to  abMMloa 
the  oppoeitlon,  which,  at  a  prior  period,  and  with  the  moat  sub* 
stantiaJ  motives,  he  had  manifested  againat  the  transaction.**! 

But  after  this  amicabla  and  decisive  arrangenscnt  of  aUdiffar> 
cncee,  in  relation  to  the  validity  of  the  Louisiaaa  porchaae,  • 
question  of  some  embarrassment  remained,  in  rotation  to  tha 
boundariea  of  the  ceded  territory,  llits  question,  however, 
(he  American  govemoMnt  always  haa  been,  and  always  wiUbt, 
willing  to  discuss.  In  the  most  candid  manner,  and  to  aattte 
upon  tne  most  liberal  basis,  with  the  govcmasent  of  Bpnin*  U 
was  not,  therefore,  a  fiiir  topic,  with  which  to  inflame  the  prince 
regent's  dechirationi  or  to  embellish  the  diplomatic  nouaoi 
the  British  negotiators  at  Ghent.|     The  period  haa  anlvad, 

•  Sm  iha  ktttr  of  lofd  Htwknbarx.  to  Mr.  King,  dated  tk*  I9ili  of  Mqr, 
1803. 

t  8m  tha  tetter  of  tko  Mw^ete  de  Cue  Ynje,  to  the  AiMvkea  menmr  ^ 
■istt.  dMd  tkt  16th  of  May,  ISO*. 

i  Boo  ilM  princ*  rogtiit't  doclsiatkm  of  ttit  10th  of  JMoarr,  1813.  Bee  ne 
iMi»a  of  Uw  BrMth  coosmiHkxMtt,  dated  19lh  Bipiwnber,  8tb  Oetaker,  IN*. 


world  will  judgt. 
I  |ovfnim«nt  Km 
t  condMct  of  the 
lUlatiat  mmI,  c«r« 
I  •rraignmtnt,  on 
I  WM  apprUtd  of 
igotUM  i'or    th* 
UncMcd  th«  pro- 
liMlonofth«tr«»> 
mown  and  undtr* 
rnt  interpoMd  oc 
iction,  in  Buropci 
r,  IMS,  that  lh« 
irom  the  minUter 
ctty  wei  dlMMlf 
led  Bute*.    Not- 
towcvcr,  the  Sm< 
mmIoo  of  Lou(|i- 
St  lldelfontoi  u,w 
ifcr  the  poeseteloB 
•ety  of  purchMCi 
ni|o,  topreeentto 
the  lain  of  May, 
srcign,"  "  that  the 
ie  had  given  to  hia 
iana  to  the  UDked 

! art  of  the  king, 
hlmtoabMMloa 
utth  the  moal  tub* 
e  tranaactioo.**! 
emcBtofaUdlffeif 
itiaM  porchaae,  a 
in  relation  to  the 
ueedon,  however, 
indalwaytwUlbe, 
mer,  and  to  aettle 
Bcnt  of  Spain*  I> 
inflame  the  prince 
iplomatic  noMaof 
eriod  haa  anived, 

d«Md  tkt  IMi  of  MfK/, 

»  AiMvku  MKNiaijr  of 

luutfjr.  »1S.    SWUM 
Mr,  Stb  fkukn,  m*. 


when  Spain,  relieved  from  her  Ruropean  labor*,  may  b#  ex- 
pected to  bc*tow  her  attention,  m<irr  rfTectually,  upon  the  atnte 
of  her  colonicei  and,  acting  with  the  wiidom,  Juatlce,  and  meff* 
nanimlty,  of  which  aha  ha«  given  frcqurnt  example*,  nhe  will 
llnd  no  diAculty,  in  meeting  the  recent  advancea  of  th^  Ameri- 
can government,  for  an  honrtrable  adJuMment  uf  every  point  in 
controvcriy  Intween  the  two  countriee,  without  •ecking  the  aid 
of  Britlah  mediation,  or  adopting  the  aoimueiiy  of  British  cotm* 
cHa> 

But  Mill  the  United  Btatee,  (eelinv  a  conetant  inureet  in  the 
o|)iBion  of  enlightened  and  impartial  natlona,  cannot  hetitate  to 
embrace  the  opportunity,  for  representing,  in  the  simpltciiy  uf 
truth,  the  eventa,  by  which  they  have  been  led  to  take  poaeee- 
•ion  of  a  part  of  the  Ftoridae,  notwiihitanding  the  claim  of 
Spain  to  tiie  eovcrcignty  of  the  eame  territory.  In  the  accepta- 
tion and  underatandiogof  the  United  Siatea,  the  ccMlonof  Lou- 
iaiann  embraced  the  cctuntry  south  of  the  Mi»»i»«ip|)l  territory, 
and  eaatward  of  tne  river  MiaaiMippi,  and  extending  to  the 
river  Perdldot  but  **  their  conciliatorv  viewai  and  their  confi- 
dence In  the  Ju  tice  of  their  cause,  and  in  the  success  of  a  can- 
did dlacttasloti  kind  amicable  neaotlation  with  a  just  and  friendly 
power,  induced  them  to  acquiesce  in  the  temporary  continu- 
ance of  that  territory,  under  the  Spanlah  authority.***  When, 
however,  the  adiustmantof  the  boundaries  of  Louisiana,  aa 
well  aa  a  renaonable  Indemnification,  on  account  of  maritime 
apoUatlooa,  and  the  suspension  of  the  right  of  deposlte  at  New 
Orbwna,  seemed  to  be  indefinitely  postponed,  on  the  part  of 
Spnin,  by  events  which  the  Uniud  Stataa  had  not  contributed 
to  produce,  and  could  not  control)  when  •  crMa  had  arrived  • 
aubversive  of  the  order  of  thinga  under  the  Spankih  author!- 
tlaa,  contravening  the  views  6f  both  parties,  and  endanvering 
the  tranqullliQr  and  security  of  the  adjoinin*  territories,  bv  the 
intrusive  establishment  of  a  governmeht,  independent  of  filpniti, 
aa  well  as  of  the  United  States:  and  when,  at  a  later  period, 
there  was  reaaon  to  believe,  that  Great  Britain,  herself,  design- 
ed to  occupy  the  Floridna,  (and  she  has.  Indeed,  actually  occu- 
pied Fienucpla,  forhoetlle  purposea,)  the  American  government, 
without  departing  from  lurespect  for  the  rights  of  Spain,  and 
even  consuithtgtne  honor  of  that  atnte,  unequal,  aa  ahe  then  waa, 
to  the  task  of  suppressing  the  intrusive  establishment,  was  impel- 
l«d  by  the  paramount  pnuciple  of  seU'-pre8er\'ation,  to  rescue  its 
own  riphts  from  the  impending  danger.  Hence,  the  United 
Statea  in  the  year  1810,  proceeding,  step  by  step,  according  to 

*  8m  tha  proclanuuion  of  the  (nreiUletit  of  the  United  Statti,  authoriaing  go> 
vmMr  Cisibome  to  Ukke  poucaaion  ot*  the  tcrrtiory,  dated  ibotTth  ofOuubcr, 


l'»^'r-.«f«?^''+t' 


^^....^. 


|ii 


? 


i!U 


■f 


i 


I  i- 


•iL 


I  il 


If 


ii,  > 

the  growing  exigencies  of  the  time,  took  poiMMion  of  the 
country,  in  which  the  f  tandard  of  independence  hud  b|9en  diip' 
phijred,  excepting  auch  place*  at  were  neld  by  a  Spaniih  fojhte. 
Sn  the  year  |911,  they  authorized  their  president,  bv'law,  pro< 
vitionwly  to  i&cept  of  the  pouesaion  of  Eait  Florida  fronk  the 
local  authorities,  of  to  pre*occupy  it  against  the  attempt  of  a 
,  foreign  power  to  seize  it.  In  181S,  they  obtained  the  posseMicp 
"m  Mobile,  the  only  place  then  held  by  a8panish  force  in  West 
Florida;  with  a  view  to  their  own  immediate  security,  but 
without  varying  the  (questions  depending  between  them  and 
Spain,  in  relation  to  that  province.  And  in  the  year  ISljL  the 
American  commander,  acting  under  the  sanction  of  the  Wk  of 
nations,  but  unauthoriBed  by  th6  ordera  of  his  govemmaiit, 
drove  from  Pensacola  the  Britiih  troops,  who,  in  violation  of 
the  neutral  territorv  of  Spain,  (a  violation  which  Spain,  It 
is  believed,  must  Herself  resent,  and  would  have  resUted, 

•  if  the  opportunity  had  occurred,)  seiked  and  fortified  that  8t«< 
lion,' to  aid  in  military  operations  against  tlie  Unite^  Sutet. 

'  But  ,all  these  measwies  on  safety  ma  necidssity  wera  franl^ly 
uiplained,  as  th^y  oicurred,  to  the  government  of  Spidn,  and 
even  to  the  govemmehi  of  Qreat  Bh^in*  antecedently  to  die 
declaration  <w  i^ar^'  with  the'slncerest  assurances,  that  thtjioi* 
session  of  the  t^rritonr  dius  ac|^uife(|,^.**shovld  npt  cease  to 
be  a  sul^act  oif  fair  and  friendly  tlie|;p^|tton  and  •diustinent.'**^ 
.  The  |ar(|ient  reVfew  of  (he  tondjttt  of  the  Unltfsd  States,  lb- 
war^s  die  belllgeredli'pbwtfri  ot  tSui^,'  will  W  renrded,  by 
cfci^  candid  mind,' as  a(  necessary  medium,  to  Vindicate,  ttfqr 
natidtod  character,  froitt  '  the   unilierited  inii|^tat|ions  of  'thi 

'prince  rcj^tV  dedar|M&on  of  the  lOthof  Jilnuiiry,'*lSlS»and 

•  iiot  aa  a  medittiiil  voltibtaHty  assumed,  atltordbg  to  the  inaiiii^ 
ations  of  that  decburiiiiblBi;  forth^  vevival  of  un(w|Brthy  prejudfcai, 
or  Vindictive  passions,  in  reference  p^  transactions  that  affe. 
past,  l^e  treaty  ot  Amiens,  which  sM^kd  io.tlf^inktt  tibe 
wa^  in  Europe,  secme'di  Also,  lob  terniiliUMe  1l^  ai^iltiraL  sc^r^p 
of  America;  bat  the  hope'  or  impose  was.  In  bbtti  fespecti;  1% 
jtusiwi  and  thlnsient.  Tttt  hostilttl|es  whKhwm.renewt4|>» 
.tw«4^  Chreat  Britain  and  France,  b  t^  year  1803,  werik  Unliijl* 
■     -  ""ii  '  I      .       "'• '    \ — ■  ""'  '•  •;''r'  w 

•See  thtkticr  ftom  tfcs  tcqpetliT of  ttttit,  tj  goveimr QUbonlti  sii di» 
prendknt'*  preckmnioa,  dttcd  die  trth  of  Oeub*.  ItlO:  '      .«?  V 

See  theiirocec4in(i  arthe«onvfMiaa  of  n««Us*  usMmitted  to  die  m&tmf 
of  tnte,  \»  the  governipr  of  the  Miniaeipiii  ttmAtf/ry,  in  his  lettetef  dMlnb  m 
October.  niOi  end  the  ueiirer  of  ttao  ■ccreauv  of  etste.  doted  ih«  Iflth  At  M«> 
vember.^lBlOt  ,  *;^ 

See  the  letter  of  Mr.  Morier,  Britiih  chme  d^aim.  fo  the  aectfiw  d^' 
state,  doted  the  tSth  of  December.  ISlOt  and  the  secietarjr's  aniwer.  ^v^^^^  '. 

See  the  coneiptHidenoe  between  Mr.  Monroe,  and  Mr' Foeteiv  iBk 
minister,  in  the  montks  of  July,  Scptcmberi  aiid  November,  1*1 1^1^ 


^^ 


^^   ill 


•Seei 

tSeei 


icMioQ  of  the 
hiifl  bqen  (U»- 
SpanUh  tottt. 
t.  by  law,  pro- 
oriola  from  the 
ic  fttttnpt  of  a 
the  poBMuio^ 
I  force  in  Weat 
t  security,  but 
Kreenthem  and 

it  goveramattt, 
I,  in  violation  of 
irhich  Spain,  it 
1  have  rctiitea, 
brtified  that  ata* 
United  Sum. 
tf  were  frankly 
int  of  Spidn,  and 
tecedently  to  die 
set,  thatthaj^of 
aW  opt  ceaae  t» 
d  «itu8!tmenu'*f 
nivd  States,  «^ 
be  Jrewrdedny 
Ik  Vinoicate,  tfcwr 
putatioM  of  tNi 

ig'toAeiniiiini* 
irthy  prehidicfa, 
I'dna  that  •!« 
t;ilmii^U# 


rere.rctt« 


-»#•■■ 


to  «ht 


u 

^ately  foUoiMd  hy  a  renewal  of  the  aggreaaiont  of  the  bcllig»> 
rent  powiira,  upon  the  commercial  rights,  and  political  indepen* 
dense,  of  the  United  States.  There  was  scarcely,  theretore, 
an  fntenral,  sepairitingthe  aggressions  of  the  first  war,  from  the 
aggressions  ot  the  second  wari  and  although,  in  nature,  theag* 
gressions  continued  to  be  the  same,  in  extent,  they  becaoM  in* 
calculably  more  destructive.  It  will  be  seen,  however,  that  tht^ 
American  government,  iuflexibly  maintained  its  neutnd  and  pa* 
cific  policy,  in  every  extremity  of  the  latter  trial,  with  the  same 
good  faith  and  forbearance,  that,  in  the  former  trial,  had  distin* 
gttidKd  iu  conduct;  until  it  was  compelled  to  choose,  from  dm 
alteraativet  of  national  degradation,  or  national  reaistaace. 
And  if  Great  Briuin  alone,  then  became  the  object  of  the  Ame» 
rican  declaration  of  war,  it  will  be  seen,  that  Great  Britain 
alone,  had  obstinately  closed  the  do6r  of  amicable  negotiation. 

The  Americab  minister  at  London,  anticipating! he  ruptinrt  - 
between  Great  Britain  and  France,  had  obtaitied  assurances 
from  the  British  government,  "  that,  in  the  event  of  n^ar,  thiift 
instnii:tiona  given  to  their  naval  officera  should  be  drawn  op 
with  plainness  and  preciidott;  and^  in  gencrili  that  the  rights  of 
belUgerents  should  be  exercised  in  moderation,  and  wim  due 
rrapcct  for. diose  of  neutrals*"*    And  in  relation. to  the  impor* 
tant  subject  of  impressment,  he  had  actually  prepared  for  slg* 
natvr^  with  the  assent  of  lord  Hkwkesbury  and  lord  St.  Vi& ' 
cent,  8:  convendon,  to  ^continue  during  fivt  years,  dedariMb :, 
that  .**  no  a^man,  nor  scafiuring  persoui  sUouid,  upon  the  big^ 
seal^  and  Without  the|urisdlctM«  of  cipher  party,  be  dem«nde4 
or  taken  out  or  any  ahip,  or  vcksel,  belonging  to'^the  cidifeiii 
or  subjects  of  one  of  die  parties,  by  the  fubUc  or  private  . 
armed  ahuM,  or  aten  of  warc-beljnsging;  to,  orin  the  aorvioe  e^ 
the  Mier  partyf^ahd  that  strict  orders  sh<wld  be  gtven<  for  di« .' 
due  obsmnmce  of  the  engagement.*^    This  convention,  whM|i| 
expllqlly  relinquished  Impressments  from  American  vessel  I 
on  die  jnifik  inaii,  and  ^  which  the  British  mbisters  had*  at;  V 
first,  «ft«ed,lord  9t,  Yincent  was  diesirous^ifiierwardftto  morf' 
dify,  "stating,  timt  on  further  reflection,  he  «ra»  of  opinibn«']r 
I  that  die  UprrOwseM  should  be  expressly  eK:<epted,  they  having  ;^' 
been,  es  hla.  lordship  reaMriced,immemGria%/  cmsldeifc^  to  be  ^^ 
withm.the  'dominion  of  j|reat  Britain.**    1«e  American  imiii**;| 
Iter,  ptnrever,  '*havingsupposed,  from  the  tenor,  of  his  cohver*1:V 
satioiM  iridi  lord  ^  Yiiltient,  that  the  doctrine  of  mart  cimm'X, 
Uum  ttMid  not  be  revived'against.  the  Vnited  States  On  tli^  oc* J: 
IcSsioo;  hitt  that  England  would  be  content,  with  die  limit(idiu«it.t 


iJi^M. 


'  BMibtlslMrof  Mr..XiaAtotli<MCMtM7of  ttstftdSMitkeltthaC. 

11803..  V,/        .  ■   ■/,    •  •  ,  ■    ^    '.-.  ■■        ■  ■    ■'•■ 

t  SaetlHktttrigf  Mr- Kiaf,  to  the  Kcmaiy  of  state,  dated  3af,lVa. 


>....;, 


86 


■#« 


which  is  signed  «>y.*»»« ';,'^'/,''5j^iJ~^.,  Smmuniw^^^  .nd 

rinted,o»receiving  lord  St.  Vincent. c«n  .        .^ 

e  fther  to  rt)«odon  the  «egj  'Wion.  «^«  ^^^^^.^^  .^^ 

U»e  doctrine  it  P~?"«\*"  *'u^^^^^^  the  British  go- 

ntisfaction  to  rec«ve  a  f?\«»\»*''J,7,^^^  ,i  Wwhington,  after 
^emment.  <^^«^^^^^,^y Z  S  EuS.pe%hich  piSniud.  in 

J^tt.ly  been  ^^^^Zk^Sc^Z^^^^^^*'*^  ~^- 
*iUlthep«c.tti2«»^th*A«em^^^^  British  go  W 

tfaekM,  ^''•^^'^{Itic^vSSL    The  outrage  of  i«p~«|. 
rocnt  1»er«,  in  no  »"**»'^«; '•'{"''ll-oetratcd  «|»n  the  crew  of 
mentWM  .g>in,  ^"^"'^"'"S*^^;^^^^    "X^enorm^^ 
.veiT  American  If  es^Uwdwe^^^^ 

bloci^t.  ettoW^he**  ^^^  J  k!^  IilSer  in  council,  withoutllie 
mate  object,  and  ^^^^J^^^^^dm^.  de^Uf- 
i^plicajJonofa^«p2'«^or«^^^^  ^  ^,^^ 


<!*%_  «-  —..^lA  d  tarn,  Btw  Voik.  fkUiMfW..  »*]JM& 


t    1- 


tohertcrritortes, 
r  tuteti  wa»  di«- 
nmunicaUon;  and 
n  to  acquleace  in    i 

it  was  stitt  loniM 
tmthcBriuthgo* 
gi^Mhmgion,  aRer 
ihich  promiied,  m 
ickadet,  upon  the 
[ockadeihouldbe 

paitictttar  fprts, 
I,  that  the  viWi 
4,  unle»»  they  hMl 

iinent  were,  n«v«f 
le  Britiah  govejm* 
Atrage.of  imprei*- 
il  upon  the  crew  cl 

liie  cnormiQr^ 
il,  without  •  lemd- 
ounciU  withouctlie 
ind  mote,  devel» 
;he.  war  of  ItW^ 
tion,butma  wp« 
le  liberty,  tl»_^- 

the  Unjud  Biutn% 
mmerce,  were<<Bc« 
kty  of  the  Bri«i9h 
ntdlerable,  hadiw 
lOc,  with  one  aiod, 
HMoaent,  for  red|tt> 
I  Sutea,  partici^- 
t  time,  ttr|ed  «!»« 
rwiHiinediiMiJe- 

bile  aiea««eyiy»- 
awtty  ef  *»«•  ^^"^ 

•f    . 


l!!^W#t 


...'/ 


87 


otic  spirit,  which  had  opposed  British  usurpation  in  179S,  and 
encountered  French  hostility  in  1798,  was  again  pledged,  in 
every  variety  of  form,  to  the  maintenance  of  the  national  honor 
and  independence,  during  the  more  arduous  trial  Uwt  arose  in 
180^. 

Amidst  these  scenes  of  injustice,  on  the  one  hand,  and  of 
reclamation  on  the  other,  the  American  government  preserved 
iu  equanimity  and  iu  firmness.  It  beheld  much  in  the  conduct 
of  France,  and  of  her  alty,  Spain,  to  provoke  reprisals.  It  be- 
held more  in  the  conduaof  Great  Briuin,  that  led,  uaavoida- 
bly<«(as  had  often  been  avowed)  to  the  last  resort  of  arms.  It 
beheld  in  the  temper  of  the  nation,  tdl  that  was  requisite  to 
justify  an  immediate  selection  of  Great  Britidn,  as  die  ol^tt 
of  a  dcclawti^*  of  war.  And  it  eookl  not  Hut  behold  in  tht 
policy  of  France,  the  strongest  motive  to  acquire  the  United 
States,  as  an- associate  in  the  essting  coniict.  Yett  these  cohf 
siderations  did  not  then,  more  than  at  any  former  crisis,  suh> 
due  the  fortitude,  or  mislead  the  judgment,  oftheAmeriesn 
government!  but  in  perfect  consistency  with  its  neutral,  as  well 
as  itsjMcific,  system,  it  deasaadtd  atoneoMnt,  by  remonstrances 
with  Fhmce  and  Spidn ;  and  it  sought  the  prescrvatioia  of  peace, 
by  negotiation  with  Great  Britain. 

It  lias  been  shown,  that  a  treaty  propose^  cnsphatically,  by 
tb«  British  minisier,  resident  at  Philadelphia,  ^as  the  means 
of  drying  up  every  source  of  complaint,  apd  irritation,  upon  the 
heatf  of  inqiressment,"  was  Adeemed  uttwilv  iAidmissible,'" 
by  the  Amaricaat  fovenimett,  beca<ise .  it  did  not  suflldendy 
pr^de  for  that  ebjccfe*  It  has^jlao,  been  shown,  that  luiothar 
treaty,  proposed  by  the- Ametfcmi  minister,  at  Umdon,  wn 
laid  asi&,  because  the  British  govemmeiM,  while  itiltas  wiS&ng 
to  MHMuish,  entpresslpr,  imiiressmenta  £^  Amariqus  vess^ 
on  iIm  Mg^seas,  .insisted  upon  an  ezdyption,  in  reforMice  to 
the  nartow  saae,  daimed  aa  a  part  of  jdie  Britidi  dominion:  and 
ej^rieifce  dankonatrand,  duit,  although  the  anciiattons  <^m- 
ntitted  vpoa  the  Amerifidb  coaunefce,  mi^lit  adasit  of  repara- 
ti AK,  hr  the-  payasent  of  a  pecuniary  cqnivakntt  yet,  consulting 
tht  Ih^r,  mid  the  |«cUa«,  of  <he  nation,  H  was  impossible  to 
rt<iBitJi^  sanafodion  for  die  cmahies  of  impressoMat,  by  any 
othijriipfsne;  than -bygan.  entire  diicuntinuanc»  of  the  praiBlUe. 
utterefore,  the;  awtroys  extraordinary  wem  appmntfd  in 
rlSMlo-negnciate  with  the  British  govemm«nti  every 
"^  was  given,  foi;  the  purposes  of  conciliation;  nay,  an 
I,  prnhilMting  toe  importttion  of  cendn  iitides 
''  III  I    I  I  I  1 1 «  I  I  I 

,»«.  ^^-i./'^!^*^**!^' **>()'•  Moctaiy  of  Mate,  dated  the  SibcfPcfenmy, 
If^fM^^^J*  >%i  "^fc^tog'  leSaiy  of  saw,  to  ths  pwridrntegSi 


X8 

of  British  muufacture  into  the  United  Statei,  wm  suspended,  in 
proof  of  a  friendly  disposition}*  but  it  was  declared,  that  **  the 
suppression  of  impressment,  and  the  definition  of  blockadesi 
were  absolutely  indispensable;'*  and  that,  **  without  a  provisloD 
against  impressmenu,  no  treaty  should  be  contludea."  The 
American  envoys,  accordingly,  took  care  to  communicate  to  the 
British  commissioners,  the  limitations  of  their  powers.  Inllu> 
cnccd,  at  the  same  time,  by  a  sincere  desire  to  terminate  the 
differences  between  the  two  nations}  knowing  the  solicitude  of 
their  government,  to  relieve  iu  seafaring  citiiena-flroro  actual 
auflferance}  listening,  with  confidence,  to  assurances  and  expla* 
nations  of  the  British  commissioners,  in  a  sense  favorable  to 
their  wishesi  and  judging  from  a  state  of  information,  that  gave 
no  immediate  cause  to  doubt  the  suficiency  of  th<)N  assurances 
and  explanations)  th«  envoys,  rather  than  terminate  the  nego* 
tiation  without  any  arrangement,  were  willing  to  rely  upon  the 
efficacy  of  a  substitute,  tor  a^positive  article  In  the  treaty,  to  be 
aubmitted  to  the  consideration  of  their  government,  as  this,  ac* 
cording  to  the  declaration  of  the  Briush  commlsaioners,  was 
the  only  arrangementi  they  were  permitted,  at  that  time,  to 
propose,  or  to  allow.  The  substitute  was  presented  In  the  form 
of  a  note  from  the  British  commisAkwers  to  the  Ameriean  en- 
voys, and  contained  a  pledge,  ^*ihat  Instructions  had  been 
given,  and  should  be  repeated  Md  enfiftrced,  for  the  observance 
of  the  greatest  caution  in  the  impressing  of  British  seatnent 
that  the  strictest  care  should  be  tuen  to  preserve  the  oitlxens 
of  the  United  States  from  any  molestation,  or  inioryi  and  that 
immc^ate  and  prompt  redress  should  be  afforded^  upon  any  re> 
preseatatioB  of  injury,  sustained  by  them.**t 

Inasmuch,  however,  as  the  treaty  contained  no  provision 
against  impressment*  aind  it  was  seen  by  the  goveitimenti  when 
the  trea^  was  under  considerarion  for  ratification,  that  the 
pledge  contained  in  the  substit|ite  was  not  complied  with,  butt 
on  the  contrary^  that  the  impressments  were  continued,  with 
ludiminished  violence,  hs  the  American  acas,  so  long  after  the 
alleged  date  of  the  instnictions,  which  were  to  arrest  thcliii 
that  the  practical  inefficacy  of  the  substitute  could  not  be  doubl- 
ed by  the  government  here»  the  ratification  of  the  treaty  irw 
necessarily  declined;  and  it  has  since  appeared,  that  after 
a  change  in  the  British  ministry  had  taken  place,  it  was 
declared  by  the  secretary  for  foreign  affairs,  that  no  englge- 
nents  were  entered  into,  on  the  part  of  his  majesty,  as  connect- 
ed with  the  treaty,  except  such  as  appear  upon  the  face  of  it.} 

*  Sm  tht  act  of  concm*.  puMd  the  18th  of  April,  ISO61  snd  tiw  act  n)l> ; 
!•«««(  htpsMcd  the  19th  of  Deccntbcr,  1806. 
f  Sec  the  note  of  the  British  commitiionen,  dated  8th  of  November.  IBOe. 
i  See  Mr.  Csnniog's  letter  to  the  American  envoy  1,  datvU  itTth  Ocioberi  1807. 


lutpcnded,  in 
•ed,  that  "the 
)f  blockadet, 
it  •  provision 
ttd«d.»'    The 
Linicate  to  the 
•wen.    Iniltt- 
lerminate  the 
t  solicitude  of 
la  flrom  actual 
cea  and  espla* 
9  favorable  to 
tion,  that  gave 
|Mi  aaturancea 
late  thenego* 
I  rely  upon  the 
e  treatyi  to  be 
nt,  aa  this,  ac* 
ilaaionerst  waa 

that  time,  to 
ted  In  the  form 

Ameriean  en- 
one  had  been 
the  observance 
Irltish  seameni 
•ve  the  citlaena 
ijuryi  and  that 
1^  ixfon  any  re< 

1  no  provision 
reitimentiwhen 
atlott,  that  the 
plied  with,  bntt 
;on«lDued,  with 
a  long  after  the 
to  arrest  theltti 
Id  not  be  dottbt* 

the  treaty  ym 
ired,  that  af^r 

place,  It  waa 

that  no  «nj^* 

:aty,  as  comeet* 

the  face  of  It4 

I6|  tnd  tht  set  itp* 

Novtmber.  180«. 
27th  Octobtr.  1«07. 


80 

The  American  government,  however,  with  unabating  solici- 
tude  for  peace,  urg«d  an  immediate  renewal  of  the  negotiations 
on  the  basis  of  the  abortive  treaty,  until  this  course  was  pe> 
remptorily  declared,  by  the  British  government,  to  be  •*  whoUv 
Inadmissible."*  ' 

But,  independent  of  the  silence  of  the  proposed  treaty,  upon 
the  great  topic  of  American  complaint,  and  of  the  view  which 
has  been  talcen  of  ilie  projected  substitute;  the  contemporaneous 
declaration  of  the  British  commissioners,  delivered  by  the 
command  of  their  sovereign,  and  to  which  the  American  envoya 
refused  to  malce  themselves  a  party,  or  to  give  the  slightest 
degree  of  sanction,  was  regarded  by  the  American  government. 
as  ample  cause  ol  rejection.  Jn  reference  to  the  fVench  de* 
cree,  which  had  bren  issued  at  Beriin,  on  the  21st  of  Novem- 
ber, 1808,  it  was  declared,  that  if  France  should  carry  the 
threats  of  that  decree  into  execution,  and  "if  neutral  nations 
contrarj^  to  all  expecution,  should  acquiesce  in  such  usurpal 
.tiona,  his  maiesty  might,  probably,  be  compeUed,  however  re- 
luctandy,  to  retaliate,  in  his  just  defence,  and  to  adopt,  in  renrd 
to  the  GommeFce  of  neutral  nations  with  his  enemiis,  the  same 
measures,  which^those  nations  should  have  permitted  to  be  en- 
forced,  against  their  commerce  widihia  subjccu:'*  "that  hu 
majesty  could  not  enter  into  the  stipulations  of  the  present 
treaty,  without  an  expUnation  from  the  United  States  «f  their 
intentions,  or  a  reservation  on  the  part  of  his  maiesty.  In  the 
CM  abovememioned,  if  k  should  ever  occurTW  «  Uwt 
without  a  formal  abandonment,  or  tacit  relinquishment,  of  the 
unjust  pretensions  of  Fitnce;  or  without  Vuch  SSifwd 
assurances  udoo  the  part  of  the  United  States,  as  should  iWe 

vZ%^  H  ""J^yi  *^  S*y  ^«*»  °«  •ubmitto'S 
Frenchmnovatioos,  m  the  established  system  of  maritime  law 
bis  miyesty  would  not  consider  himself  bound,  by  the  oresenc 

IIJSTS'*".?  ~««»"ow"»  to  ratify  the  ti;aty,  or  pSS 
e«r  from  adopting  such  measures,  as  might  seem  tecesJJry"  to 
counteraciingthe  designs  of  Uteenemy?»t"  -  !r^^^*  ^ 
A.  5!r'"''r***'"  of  a  power,  to  invalidate  a  solemn  treaty  at 
the  pleasure  of  one  of  the  partiet,  and  the  menace  of  inai^n» 
punishment  upon  the  United  Stati..  for  the  oft^e.  of  mS 
nation,  proved,  in  the  event,  a  prehide  to  the  irtma  SS- 

r:s.,:;*s***^c^  Britain^^n  *bou«odis,:£;%*d1SS^^ 

l«rwi.^''i.'*'"r**P'^P*'^*=»'  *«  Americanw^iiS  to 

real  deaigo  of  >uch  conduct,  it  would  be  found  fn  the^"  tSt 

*  SMtbeiMielmtcr.  ..  . 

i«ilf**(^'  1**  f  *•"  ^^^^  commlMiooen,  dated  the  3I,t  of  IWma«» 


I 


I 


I 


within  eiffht  dayi  from  the  date  of  the  treaty,  and  before  it  waa 
poinible  for  the  Britiih  government  to  have  known  the  cffiut  of 
the  Berlin  decree  on  the  American  |overnmeot|  nav,  even  b«> 
fere  the  American  government  had  itaalf  heard  of  tnat  decree, 
the  destruction  of  American  commerce  was  commenced  by  the 
order  in  council  of  Uie  7th  of  January,  1807,  which  announced, 
''that  tio  vessel  should  be  permitted  to  trade  from  one  port  to 
another,  both  which  ports  snould  belong  to,  or  be  in  possession 
of,  France,  or  her  alliest  or  should  be  so  far  under  their  control, 
•a  that  British  vessels  might  not  trade  freely  thereat  *** 

During  the  whole  period  of  thia  negotiation,  which  did  not 
finally  close,  until  the  British  government  declared,  in  the  month 
of  October,  1807,  that  negotiation  was  no  longer  admissible, 
the  course  pursued  by  the  British  squadron,  atationed  more  im« 
mediately  on  theAnserican  coast*  was,  in  the  Extreme,  veu- 
dous,  predatory,  and  hostile,  llie  territorial  jurisdiction  of  the 
Unitea  Butes,  extending,  upon  the  principles  of  the  law  of  na- 
tions, at  leut  a  league  over  the  adjacent  ocean,  was  totally  dis- 
regarded and  cootensned.  Vessels  emploved  in  the  coasting 
trMe,  or  in  the  buainess  of  the  pilot  and  tne  fisherman,  wera 
objects  of  incessant  vic^nce}  their  petty  cargoea  were  plundcr- 
00}  and  aome  of  their  aeanty  crews  were  oft^n,  either  impress- 
ed, or  wounded,  or  killed,  bv  the  force  of  British  frigates.  Bri- 
tish ships  of  war  hovered,  m  warlike  display,  upon  the  coast; 
blockaded  the  porta  of  the  United  Blatea,  so  that  no  vesisel 
could  entert  or  oepart,  in  safety;  penetrated  the  bays  and  rivers, 
and  even  anchoredin  the  harbors,  of  the  United  States,  to  exer- 
cise a  jurisdiction  of  impreasment;  threatened  the  towns  and 
villages  with  conflagration;  and  wantonly  discharged  musketry, 
as  well  as  cannon,  upon  the  inhabitants  of  an  open  and  unpro- 
tected country.  The  neutralitv  of  the  American  territory  was 
violated  on  every  occasion;  and,  at  last,  the  American  govern- 
nent  was  doomed  to  suffer  the  greatest  indignitjr,  which  could 
be  offiercd  to  a  sovereign  and  independent  nation^  ^n  the  ever 
memoraUe  attack  of  aBritish  fif^  gun  ship,  under  the  counte. 
nance  of  the  British  squadron,  anchored  within  the  waters  of 
the  United  Butes,  upon  the  friprte  Chesapeake,  peaceabfo  pro- 
aecuting  a  distant  voyage,  llie  British  government  affected, 
from  time  to  time,  to  disapprove  and  condemn  these  outrages; 
but  the  oncers  who  perpetrated  them,  were  generally  applaud- 
ed; if  tried,  they  were  acquitted;  if  removed  from  the  Ameri- 
can station,  it  was  only  to  be  promoted  in  another  station;  and  if 
atonement  were  offered,  as  in  the  flagrant  instance  of  die  fri- 
gate Chesapeake,  tie  atonement  was  so  ungracious  in  the  nsan- 


*Ses  llw  onler  in  council  of  Jsnuaiy  7,  1807. 


,  bcfort  it  was 
'n  the  effect  of 
nay*  even  be- 
Bf  tnat  decree, 
mencedbythc 
ch  announcedc 
tm  one  port  to 
in  poMeisioa 
their  control, 
iat*» 

which  did  not 
di,  in  the  month 
er  adoiiMibU, 
oned  more  im« 
extreme,  vew- 
it^ctionofthe 
the  Uwofna- 
iras  totnUy  dia* 
n  the  coutiag 
iherman,  were 
were  plunder- 
sither  impresa- 
k  frigates.  Bri- 
pon  the  coast; 
that  no  veasel 
laya  and  rivers, 
Btates,  to  exer- 
die  towns  and 
'ged  muslcetry, 
pen  and  unpro- 
in  territory  was 
lerican  govem- 
jT,  which  could 
uMf  \n  the  ever 
der  i9ke  counte. 
in  the  waters  of 
,  peaceaUh^,  pro- 
nment  amcted, 
these  outrages; 
lerally  applaud- 
om  the  Ameri- 
r  station;  and  if 
nee  of  the  fri-' 
ous  in  the  man- 


31 

Dcr.  and  so  tardy  in  the  result,  as  to  betray  the  want  of  that  con. 
ciliatory  spirit,  which  ought  to  have  characteriied  it.* 

But  the  American  government,  soothing  the  esaspcrated  spi- 
rit of  the  people,  by  a  proclamation,  which  interdicted  the  en^ 
trance  of  aU  British  armed  vesseU,  into  the  harbors  and  watera 
of  the  United  States.f  neither  commenced  hostilities  against 
Great  Briuin;  nor  sought  a  defensive  alliance  with  Francej 
nor  relaxed  in  itt  firm,  but  conciliatory,  eflbrtt,  to  enforce  the 
claims  of  Justice,  upon  the  honor  of  both  nations. 

The  rival  ambition  of  Great  Briuin  «and  Fnmce,  now,  how- 
ever, approached  the  consummation,  which,  involving  the  de- 
struction of  aU  neutral  righu,  upon  an  avowed  inrinciple  of  ac 
don,  could  not  fail  to  render  an  actual  state  of  war,  compara- 
tively, more  safe,  and  more  prosperous,  than  die  lanaginary 
state  ofpcace,  to  which  neutrals  were  reduced.  The  just  and 
impartial  conduct  of  a  neutral  nation,  eeascd  to  be  its  shield, 
tBdTta  safeguard,  when  tiie  conduct  of  tiie  belligerent  powera 
lowarda  each  other,  became  the  only  criterion  of  die  law  of 
war.  The  wrong  committed  by  one  of  the  belligerent  powers, 
was  dius  made  die  signal,  for  the  pcfpeintion  of  a  greater 
wrong  by  the  othen  end  if  the  American  government  com- 
plained  tobodi  powers,  dieir  answer,  aldiough  it  .never  denied 
die  causes  of  complaint,  invariably  retorud  an  idle  and  offen- 
sive inquiry,  into  die  priority  of  dieir  respective  aggressions; 
or  each  demanded  •  course  of  reaiVMce,  against  its  anmgo- 
nist.  which  was  calcubtcd  to  prostrate  die  American  right  of 
aelKiovemment,  and  to  coerce  die  United  States,  against  their 
inicNst  aiid  their  policy,  faito  beooming  an  associaU  in  die  war. 
But  the  American  government  never  did,  and  never  can,  ad- 
mit, diat  a  belHgerent  power,  "  in  taking  steps  to  restrain  the 
violence  of  itt  enemy,  and  to  retort  upon  Uiem  die  evils  of 
their  own  it^ustice,**!  is  entided  to  disturb,  and  to  <[«•«[•);• 
die  rirfitt  of  a  neutral  power,  as  recognised  and  cataUuhed, 
hy  the  Uw  of  nations.  It  was  impossible,  indeed,  dial  the  real 
fi^mirea  of  die  miscalled  remUatory  aystem,  should  be  long 
masked  from  die  worldi  when  Great  Britain,  eVen  m  her  actt 
ofplofesscd  retaliation,  dcdared,  diat  France  was  unabkto 
execute  the  hostile  denunciations  of  her  decrees;||  and  when 

jultamine!!!!!^  mp«eik«aynk  Lave.offiili«  Drim;  capnin  WhUby.  of 

"""aSrSr^^^pSn-iwet  itspMiiu  ths  frigtt.  C|^«P«J«.  wlA  Mr. 
cSSi!S LondMi ifehMr. Roie.M  wVihtofiow  wtih Bb. £nluiw.M  WmK- 

^SMttevnoiuntionsf  tbatdof  Jiily.ltOr.      ^^^ 
♦  8wth«o«kr«tacoiiilcUof  «W7»hof  JMWMjr,  1W7.  ":>•* 

II  Sm  tht  ordm  in  council  vf  iht  7ih  of  iwmtf,  1<M. 


\\ 


\  • 


,v(  ».»-;■>  fl.'r/w,;"^- 


.  H*  t,. 


11 


OrMt  Briuun  herself,  unUuthinglv,  Entered  into  the  Mmc 
comincrc*  with  her  enemy  (through  the  medium  of  forgcrietf 
perjuric«t  and  UcenecO  Ivom  i9fcicn  the  had  interdicted  unof* 
fending  neutrals*  Im  pride  of  naval  euperioritvi  and  the 
cravings  of  commercial  monoftolyi  gave,  after  all,  tne  impulse 
and  direction  to  the  councils  of  the  British  cahin«t|  while  the 
vaattakhaugh  visionary,  projecu  of  France,  furnished  occasions 
■ndMBlsmts,  for  aecompiishin|  the  obiecu  of  those  councils. 

Ine  British  minister,  rcsiuent  at  Washington,  in  the  year 
ItOftt  having  distinctly  recogniaed,  in  the  name  of  his  sove< 
reign,  the  legitimate  principles  ol  blockade,  the  American  go- 
vernment received,  with  some  surprise  and  solicitude,  the  suc- 
cessive notifications  of  the  9th  of  Aunist,  18M.  the  8th  of 
April,  iSM,  and,  more  particularly,  of  the  10th  of  May,  1800, 
aimouBclngt  by  the  last  notification,  **  a  blockade  of  the  coast, 
rivers,  aacTports,  froof  the  river  Elbe  to  the  port  of  Brest,  both 
inclusive."*  In  none  of  the  notified  Instances  of  blockade. 
were  die  principles,  thaf  had  been  recognized  in  iSM,  adopted 
Mid  pursvadi  aaid  It  will  be  recollected  oy  all  Burope,  that  nei- 
ther at  the  dme  of  the  notification  of  the  10th  of  May,  18O0| 
Dor  at  the  time  of  escepting  the  Elbe  and  Ems,  from  the  ope- 
ndoQ  of  ihatnotificatkNiit  nor  at  any  time,  during  the  continu- 
ance off  Ae  Wench'  war,  was  there  an  adequate  naval  force, 
acmally  applied  by  Great  Britain,  for  the  purpose  of  maintain- 
ing a  blockade,  from  tbe/iver  Elba,  to  the  pctrt  of  Brest.  It 
waa,  than,  In  the  languaca  of  the  day  **  a  mere  paper  blockade}'* 
a  manifest  infraetio*  «('^the  law  of  nations}  and  an  act  of  pecu- 
liar injttatica  to  dM  United  States,  as  the  only  neutral  power, 
against  which  It  emild  practically  operate.  But  %hauver  may 
have  bean  the  sense  of  the  Aaaeriean  goverhment  on  the  occa- 
aioni  and  whatever  might  be  the  disposition,  In  avoid  making 
this  the  mund  of«i  open  rupture  with  Great  Britain,  the  casa 
assumaoa  charattcr  of  the  highest  interest,  when,  independent 
of  ita  own  li^Jurious  eonietjuences,  France,  in  the  Berlin  de* 
ciee  of  the  Met  of  November,  1800,  rvciied',  as  a  chief  causa 
fisr  placing  (he  British  islands  in  a  state  6t  Uoekade,  *'  that 
Great  Briuin  declares  blockaikd,  placec  before  which  she  has 
not  a  afasi^  vessel  of  wan  and  even  places,  which  her  lihited 
foives  woidd  be  incapable  of  blockading;  such  as  entire  coasts, 
awl  a  whole  emp|ret  i^  uneqdaHed  abuse  of  the  right  of  blocl(- 
am,  dwt  had  no  odier  object,  than  to  interrupt  the  communicia* 
tioiM  of^ilTerent  nations}  and  tlo  extend  the  commerce  and  in* 

•  8«S  kid  Hamwto't  note  to  Mn  Momo*.  dsiedth*  9th  of  August.  ISMi  as< 
Mr.  FoB't  notM  to  lb.  Moaroc,  tiatad  mptctivalytlit  8th  of  Ajinl  uA  tho  Kkk 

t  Sv«i«d  Howiek'sooists  Mr.  Monroe,  dated  the  25th  Septcnber,  1S06. 


-* 


■.■tL. 


nio  the  ■■me 
n  of  forgcrietf 
crdkted  unof< 
sritvi  and  the 
II,  tnf  impulM 
MU  while  the 
»hi'd  occailoM 
>»e  counciU. 
a,  in  the  yew 
e  of  hit  tove- 
American  go- 
itude*  the  luc- 
M.  the  8th  of 
of  May,  1800, 
le  of  the  cuMt, 
of  Brett,  both 
I  of  blockade. 
ilM,  Mtoptcd 
irope,  that  nei> 
olMay,  1806} 
from  the  op«« 
ig  the  continu* 
le  naval  force, 
e  of  maintain- 
t  of  Brett.  It 
per  blockadei** 
anactofpeca> 
neutral  power, 
Whatever  may 
at  on  the  occa* 
avold  making 
ritain,  die  cat* 
n,  independent 
the  Berlin  de> 
I'a  ckief  cauta 
oekade,  «'that 
which  aiialuui 
ieh  her  tilAted 
It  entire  coapts, 
right  of  blocli- 
le  commtmitn* 
imerce  and  in- 

M^ ■ 

Augntt,  lSMiat< 
April  and  tht  l%th 

lepteniber,  1M6. 


diistry  of  fclngtand,  upon  the  ruin  of  those  nation*."*  The 
American  government  aimii  not,  and  never  hat  aimed,  at  the 
juaiificutiun,  either  of  (}reat  Ilritain,  a.r  of  France,  in  ttieir  ca« 
reer  of  crimination  and  recrimination:  but  it  is  of  tome  im* 
portance  to  dbscrvc,  that  if  the  lilockudc  of  May,  1800,  wat  an 
unlawful  blockade,  and  if  the  richt  of  retaliation  arose  with  the 
first  unlawful  attack,  made  by  a  btiligcrent  power,  upon  neutral 
rights,  (ireat  Britain  has  Vft  to  annwer  to  mankind,  according 
to  the  rule  of  her  own  acknowledgment,  for  nil  the  calamitien 
of  the  retaliatory  warfare.  France,  whether  right,  or  wrong, 
made  the  British  ivstem  of  blockade,  the  foundation  of  the 
Berlin  decreet  and  i'Vance  had  an  equal  right  with  Ureat  Bri- 
tain, to  demand  from  the  United  Htsiten,  an  opposition  to  every 
encroachment  upon  the  privileges  of  the  neutral  character.  It 
it  enough,  however,  on  the  present  occasion,  for  the  American 
g'lvernmcnt.  to  observe,  'hat  it  possessed  nn  power  to  prevent 
the  framing  of  the  Berlin  decree,  and  to  disclaim  any  approha- 
tion  of  itt  principles,  or  acquiescence  in  itt  nperationtt  for,  it 
neither  belonged  to  Ureat  Britain,  nor  to  France,  to  pretcribe  to 
the  American  government,  thr  time,  or  the  mode,  or  the  de- 
gree, of  resistance,  to  the  indignities,  and  the  outrages,  with 
which  each  of  thote  nations,  in  itt  turn,  assailed  the  United 
Sutes. 

But  it  has  been  shown,  that  after  the  British  government  poa- 
aetted  a  knowledge  of  the  exittence  of  the  Berlm  decree,  it  au- 
thorized the  conclution  of  the  treaty  with  the  United  Htatet, 
which  wat  tif^ncd,  at  London,  on  the  .list  of  December,  1800, 
reserving  to  itself  a  power  of  annulling  the  treaty,  if  Franca 
did  not  revoke,  or  if  the  United  States,  us  a  neutral  power,  did 
not  resist,  the  obnoxious  measure.  It  hat,  also,  been  thown, 
that  before  Great  Britain  could  possibly  ascertain  the  determi- 
nation of  the  United  States,  in  relation  to  the  Berlin  decree,  th« 
orders  in  council  of  the  7th  of  Jrnuury,  1807,  were  itsued,  pro- 
fessing to  be  a  retaliation  against  France,  "at  a  time  when  the 
fleets  of  France  and  her  allies  were  themselves  confined  within 
their  own  oorts,  by  the  superior  valor  and  discipline  of  the  Bri- 
tish navy,*'t  but  operating,  in  fact,  against  the  United  States,  at 
a  neutral  power,  to  prohlliit  their  trade  "  from  ord  port  to  ano- 
ther, both  which  ports  should  belong  to,  or  be  in  the  potsession 
of,  France  or  her  allies,  or  should  be  to  tar  under  thetr  control, 
at  that  British  vessels  might  not  trade  freely  thereat. "f  It  re- 
mains, however,  to  be  Mtated,  that  it  wat  not  until  the  ISthof 
March,  1807,  that  the  British  minister,  then  residing  at  Wash- 
ington, communicated  to  the  American  government,  in  the 

*  See  the  Berlin  decree  of  the  21st  of  Nuvcmbcr,  1806. 

t  Sec-  the  onlc't  III  ivjiiiicil  oi'the  (th  Cit' Juiiuurv,  1807 

ft 


•  It 


1<, 


name  of  hi»  •overeign,  the  order*  in  council  of  Jftnuary,  t«07, 
Wi»»  nn  iiUimtiiHMi,  ihamrnnff<r  meiwure*  would  be  pur»u«d, 
uri<*  ihr  Uoiiid  States  Khould  rt«i)tihe  opcruiione  of  ihe 
B  tlii>  <ktree.»  A»  the  moment,  the  BritUh  government  w«« 
remi  Ml  <l  "thai  wtihin  thi*  period  of  thow  great  cvmta,  which 
coniinu  I  to  ngii  iie  EuH'iie,  initance*  had  otcurreil.  In  which 
thi-  t«'miii-  nf  of  neutral  intiont,  more  ritpcclally  of  the  United 
8i:>ua.  h.  d  «  x|n  lii'iiccd  the  •rvert-M  diatrentr  •.  Iiom  it"*  own  or* 
dem  iiitl  mi'i«M.'«,  manilf^dv  utiauihoriaed  b;  the  law  of  n»- 
tltnhj"  a-Hurtiiii  »  Wirt  gi\en,  "ihaino  culruMe  acquieacnc* 
oit  tlH  pait  el  tho  L'  i  ^  iJ  Htun  »  would  render  th'-m  acreaaary 
to  ihf  protfidiiig^  oi' oov  Itelligerint  nation,  through  their 
rli;hi'.  oi  n«utri»lit\.  jgiinut  the  comm*frce  of  ito  •dver'iaryj' 
•iwl  the  riglit  of  CJic'ki  Hiit;iii>  to  ia^ue  tuch  orderi,  unleas  M 
oni  M  «l  blot  kiulf,  to  III'  unforced  arc  rding  to  the  law  of  na* 
tlins,  wat  uiterlx  deniid.t 

Tim  candid  and  r»iilicit  avowal  of  the  aentlmenta  of  the 
Ani>  riran  governmcnti  upon  an  orciuion,  *n  novel  and  impor* 
taitt  in  the  hiatory  of  nations,  f\  "  not,  however,  make  ita  juet 
imprcHiiion  up«.n  tht?  British  cahnrt;  for,  without  uaiigning  any 
Dew  provocati m  on  the  pan  of  France,  and  compUiniog,  mere- 
ly, that  neutral  powcra  had  not  been  induced  tojnterpose,  with 
dfici,  to  obtain  a  revocation  of  thi^  Berlin  decree,  (which,  how- 
ever, Great  Briuin  heraelf  had  alRrmi'd  to  be  a  decree  nominal 
■ncl  inoperative,)  the  orders  in  council  of  the  llthofNovem* 
ber,  1807,  were  issued,  declaring,  "  that  all  tht  ports  and  places 
of  Frunce  and  her  allies,  or  of  any  other  country  at  war  with 
hi^  mtyeMy,  and  all  other  pons  or  places  in  Kurope,  from  which 
although  not  at  war  with  hia  majesty,  the  British  flag  waa  ex- 
cluded, and  all  ports  or  placea  in  the  colonit  s  belonging  to  hia 
m.ijesty**  enemies,  ahould,  Irom  thenceforth,  be  nuTiject  to  the 
same  restrictions*  in  point  of  trndf!  and  navig  uion,  as  if  the 
same  were  actually  blockudvd  by  bis  majesty's  naval  forcca,  in 
the  most  strict  and  ligoroun  mMnner:'*  that  '*ull  trade  in  articles 
which  were  the  produce  or  manufacture  of  the  said  countries  or 
colonies,  should  tic  deemed  and  c  iniiileredto  be  unlawfuU"  but 
th:it  neutrji  veaseU  should  still  be  permitted  to  trade  with 
France  from  certain  free  pons,  or  thnugh  pons  and  places  of 
the  British  dominions.^  to  accept  the  lawlul  enjoyment  of  • 
riglu,  as  the  grant  of  a  »U|>eriorj  to  nrosecute  a  lawful  com- 
merce, under  the  forms  of  favor  and  indulgrnce}  and  to  pay  • 

*  Sec  Mr.  CnkiM'*  letter  to  the  tccretsr/ of  kcate,  dated  the  IXth  of  March, 
lt»07 
t  See  the  kccrctary  u(  ttate't  letter  to  Mr  Crtkiite,  datetl  the  SOthof  Match, 

I  See  the  order*  in  council  of  the  Uih  of  Muvembcr,  ISOZ.  7^'  ^f 

■  Ilk. 


imi 


I 


Anuary,  11107, 
Id  b«  pur»u«d, 
r4tii»n«  of  ihe 
v«rnmcnt  wm 

cventt,  which 
rrcil,  in  which 

of  (he  United 
im  it^  own  or« 
the  liw  of  na« 
le  acquietenc* 
lif-ni  acrciairy 
through  their 
itr.  advcnary)*' 
deri,  unlcM  •• 
the  Itw  of  nt* 

It  i  menu  of  the 
vt\  and  imnor* 
',  make  its  juat 
t  uKtigning  anjr 
pUiniog,  mere- 
^nterpose,  with 
:,  (which,  huw- 
decree  nominal 
llthofNovem* 
)ori!i  and  placet 
rv  at  war  with 
ipr,  from  which 
III  flag  waa  ex- 
longing  to  hie 
e  HuTiject  to  the 
;  ition,  at  if  the 
laval  forcet,  in 
trade  in  articles 
lid  countriet  or 
unlawfuh'*  but 
to  trade  with 
IS  and  placet  of 
:njoyment  of  • 
a  lawful  com- 
:«}  and  to  pay  • 

the  ISthof  Much, 
ihcSOthof  MMcb, 

I.  *'■    "  f 


ti 

tributt  to  Orcat  Britain,  for  the  privlleRct  of  a  lawful  transit 
on  the  oceiint  were  conccttlon*.  which  (trrat  Brituiii  W4i  dit* 
poted,  intidiuunly,  to  exact,  by  an  appr.il  to  ih*:  cupidity  of  in* 
dividualt, bu;  wliich  the  Unitid  Hia(r<t  tould  never  yicld(  cnn* 
alttently  with  ihr-  indrpcndrncr*  and  the  ioveri'i(i;nty  of  the  uit- 
tion>  llic  urdcr»  iu  council  were,  ihertfire,  .ilti-red.  in  thit 
reapcct,  at  a  aul)s>(|uint  period^**  l»ut  the  gtnniil  interdict  of 
neutral  commerce.  u|ipl\ing  nt'ire  (■•tpniully  tu  Am*TiC(in  om* 
merce,  wat  ubttiiitifel)  maimained,  u^ninut  all  thi  fnrt-c  df  rea* 
ton,  of  remumiranic,  and  of  proirntaiiun,  rropht^'d  h)  the 
American  gnwrnment.  when  the  aubjtrt  w»<t  preki-uctl  ro  ita 
contidcratioti.  bv  the  O^'itith  m<uiHirr  muling  iii  Wjxliiigioni 
Th«!  fact  aiiUtnrJ  an  ibe  batin  of  the  nrd'-rn  in  counci:,  wat 
unequivocally  ditownedi  and  it  wa«  demon',tr  itcd.  ihit  n  Mr 
from  it!  being  true,  '*that  the  United  Hintt-a  hjd  a  q>t.<'k>ed  in 
•n  illtgal  operation  of  the  Ueilin  decree,  it  wan  not  rven  true, 
that  at  the  date  of  the  Hrit  ah  ordrra  of  lite  11th  of  November, 
1107,  a  tingle  applicatiop  of  (hat  decree  tn  the  commerce  ut  the 
United  Statca,  on  the  high  aeaa.  could  have  been  known  to  the 
Britlih  government("  while  the  Britiah  govei  nment  had  been 
officially  informed  by  the  American  minitter  at  liundon,  '*  that 
•xplanationa,  uncontradicted  by  any  overt  act,  had  been  given 
to  the  American  miniater  at  Paria  which  juatified  a  reliance, 
that  the  French  decree  would  not  be  put  in  force  againtt  the 
United  8utct."t 

'llie  Britiah  ordera  of  the  11th  of  November,  1807,  were 
4|uickly  followed  by  the  French  decree  of  Milan,  dated  the  17th 
of  December,  18U7,  **  which  waa  aaid  to  b«  reaorted  to,  only 
in  Juat  retaliation  of  the  bHrl>aroua  ayttcm  adopted  by  England," 
and  in  which  the  denationalizing  tendency  of  the  urdcrt,  ia 
made  the  foundation  of  a  declaration  'n  the  decree,  **th4t  every 
ahip,  to  whatever  nation  it  might  belong,  that  shiuld  have  stub* 
mitted  to  be  tcarched  by  an  Engliah  ship,  ur  to  a  voyaae  to 
England,  or  thould  have  paid  any  tax  whatnnever  t(i  the  Eng- 
liah  government,  waa  thereby,  and  for  that  alone,  dcclart.d  ti>  be 
denationalized,  to  have  forfeited  the  protection  of  iu  aover«  ign, 
•nd  to  have  become  Engliah  pioperty.  luhit-ct  to  cuptur> ,  :ta 
good  and  UwfiU  priae:  that  the  Dritiih  iilxnds  were  pi  r  ed  ii  • 
atate  of  blockade,  both  by  aea  and  lands  and  every  ••hifi,  of 
whatever  nation,  or  whatever  the  nature  of  tta  cargo  mz^n  be, 
that  taila  from  the  porU  of  England,  or  thoae  of  the  Lnglith 
coloniei,  and  of  the  countriet  occupied  b\  £nglithti<>  '  >  and 

*  Bm  Mr.  Canning's  Icttar  to  Mr.  PinikiKy.i'a  Fcbriury,  l^uS. 
t  Sm  Mr  Enkiiw's  letter  to  the  tmciMy  >•(  tute,  dt  fd  the  iM  of    eluu^ 
ty,  laoS)  and  tha  aaaww  of  tin  aecraitry  of  atat«,dattdilit  S9Ui  el  Mm(a,  1»M 


aod  prcKCCiiing  u>  KnuljnJi  or  f^  the  Knotuh  colniiici,  or  lo 
counirift  oidipicd  l>y  rlitKlmh  irnoni,  •h')uidb«  guod  anil  l4W< 
ful  prii«!  but  iri«(  ilif  prn^uioiti  ni  ihr  ilrcrce  »nniilil  b«  abro< 

Elird  )«ad  D'lil.  ill  f.it-i,  nn  «i>(in  lulhv  Knglith  itbould  abide  again 
\  thi  |i  iniipli''  o|  ihr  liiw  ut'  iinlinn*,  whirb  arr,  nlto,  the 
print  i|ilc«  ol  jutiici*  and  bnnor.'"*  In  «ip|io>iiint»,  howrvcr,  lo 
the  Milan  dorrr.  u»H«llni»io  (be  Biilin  ilcric*:, tbr  AiiK'rican 
go\criiiiun(  kiri-niioutlv  iind  iniccMtinf;!)  cin|<l')\iit  every  in* 
ttruin* ni.  txccpt  the  in^iriiinrnt*  (•!  war.  It  aitvd  pn citely 
towanU  Frnncr,  aw  it  ui  trd  inward<»  (In-ut  Britain,  on  similar 
mcaaion^i  but  France  ri-mnincd.  lor  a  t;mv«  »%  inNfiuiblr  to  the 
claim* ol'jtl^ticc  and  bonur.aK  tirtiit  Uiit;iin»  laib  imituiing  the 
other,  in  cxtri»\agancc  of  picltnaiun,  and   in  gb»tinacy  oi  pur* 

When  the  American  governmrnt  received  intrlUgcnce,  that 
the  ordrra  ot  the  llth  ol  November,  lfl07,  had  l>een  under  the 
cnnaideratiun  of  the  Hriiith  cabinet,  and  wer«  artually  prepar* 
fd  lur  pruniulgntion.  it  wan  antiripattd,  thiit  France,  in  a  seal* 
out  pruntuiiunof  the  rcluliatory  warl'ure,  would  soon  p«-oduce 
■n  uit  oi,  ni  least,  equal  injuiticr  und  hostility.  The  crisir  rx< 
Ulrd  therefore,  at  which  the  I'niivd  Htntes  were  cumpell  J  tu 
del  kIc,  either  to  withdraw  their  seafaring  citirenn,  and  tneir 
com  met  cial  wealth,  from  the  ocean,  or  to  leave  the  interests  of 
tbi-  murincr  tnd  the  merchant  exposed  to  certain  destruction;  or 
to  engagt*  io  open  and  active  war,  for  the  protection  nnd  defence 
of  those  iiilrrtsts.  The  principles  and  the  liubits  uf  the  Ame> 
rican  ^vcrnmeni,  were  stdl  disposed  to  neutrality  and  peace.  la 
weighing  the  nature  and  the  amount  of  the  aggrcNsions,  which 
had  been  perpetrated,  or  which  were  thrcaten«id,  if  there  were 
unv  preponderance  to  determine  the  balance,  against  one  of  the 
belligerent  powers,  rather  than  the  other,  as  the  object  of  a  de- 
claruiion  of  wap  it  was  against  Great  Britain,  at  leust,  upon  the 
vital  interest  of  impressment,  and  the  obvious  superiority  of  her 
naval  means  of  annoyance.  The  French  decrees  were,  indeed, 
as  rhnoxioua  in  their  formation  and  design  as  the  British  or* 
der^;  but  the  government  of  France  claimed  ond  exercised  no 
right  of  impressment;  and  the  maritime  spoliations  of  France, 
were,  compuraiivcly,  restricted,  not  only  by  her  own  weakness 
on  the  ocean,  but  by  the  constant  und  pervading  vigilance  of  the 
fleets  oi  her  niemy.  The  difficulty  of  selection;  the  indiscrc* 
tion  of  encnuntt  ring,  at  once,  both  of  the  nflfending  powers;  an  1, 
above  all,  the  hope  of  an  early  return  of  justice,  under  the  d's- 
pensations  of  the  ancient  public  law,  prevailed  in  the  councib 
of  ihi  Americiin  government;  and  it  was  resolved  to  atteript 


*  Seethe  Milan  decree  of  Uie  ITth  of  Dcctiubcr,  ItfOT. 


fL. 


S7 


coloniei,  or  to 

SiKxl  aiiil  Imw« 
oiiUI  b«  abro* 
iild  ahi(i«  again 
arc,  uUo,  th« 
m,  however,  to 
,  ihr  Aiiivrif  an 
t)i'il  everv  in- 
aitvil  |>r(Cllrly 
■in,  on  kimilar 
fiKiMuidIr  ID  the 
h  iinitutin|{  the 
)»iinitcy  ot  pur> 

itflli^cnce,  that 
Itcrii  under  the 
irtually  prrpar- 
iitce,  in  a  leal* 
d  toon  p^-oduce 
Thecritir  ex- 
rt  cumpell  d  tu 
r.rn^,  and  tnrir 
the  interrnts  of 
dcBtructionsor 
ion  and  defence 
iu  uf  the  Ame> 
(y  uiid  peace.  In 
rcHKion*,  which 

ir  there  were 
ainBt  one  of  the 
object  of  a  de< 
least,  upon  the 
pcriorityof  her 
•  were,  indeed, 
the  British  or* 
id  exercitcd  no 
lont  of  France, 

own  weakness 
vigilance  of  the 
ii(  the  indiscrc* 
ig  powers;  anl, 
,  under  the  d's* 
in  the  councib 

ed  to  attenpt 


the  erescrvBllon  of  its  neutrality  and  its  pcacri  of  its  citlarns, 
and  Its  r(«ourtc»i  hy  a  voluntary  sutptnaiun  of  tlie  cninmrnu 
and  navigttiuiii  of  the  Uniird  Htatcs.  It  i*  true,  that  for  the 
•ninur  otitrngcs  lommittvd,  under  the  prctixt  of  the  rule  nf 
war  iif  l7Mt,  the  iiti«rn»  of  every  drnominitMon  li.i<l  dcnmiidod 
flum  their  g'lvi  rnimnt,  m  the  >rar  IMO>,  protcriiniiuiulredreniii 
it  is  true,  thai  ior  the  unpaiiillrUdcnorntitifi  of  tliu  year  1H07, 
the  citizens  nf  evcrv  denomination  again  drmumli  d  from  tlieir 
govcrnmrnt  prointinn  and  rrdri'ni:  hut  it  is,  aUo,  a  truth,  con* 
cluaivcly  eslMbtiihtd  \t\  every  m.inilr<itationof  the  sense  of  the 
American  people,  a\  wt  ii  an  of  tlicir  govcmmrni,  that  any  ho* 
norable  means  ol  protection  and  redrc»)i,  were  preferred  tu  the 
last  resort  of  arni<<.  'I'ht.'  Annrican  govrrnm>  iit  might  honor* 
ably  retire,  fur  a  time,  from  the  scene  uf  eontlict  and  collision) 
but  it  could  no  long,  r  m  iih  honor,  permit  it<  flu(r  to  he  intuited, 
its  citixens  tu  be  cnil.ived,  and  it»  property  tu  be  plundered,  on 
the  highwav  uf  nations. 

L'nd*  r  the»e  impre>i«i()ns,  ihr  restrictive  system  of  the  llnitetl 
Htales  WH4  introduied.  In  D<crml>er,  1.HU7,  un  embiirgo  wns 
impo!ied  upon  all  American  vvK«els  and  merchandise^*  un  priii* 
ciples  similar  to  thowe.  "  '^ich  originated  and  regulated  the  em* 
barp;o  law,  author) ..id  lo  ht<  l;nd  hy  the  president  of  the 
United  Htates,  in  the  vtar  1701:  l)ui  soon  atterwurds,  in  the 

Senuine  spirit  of  tnc  policy,  that  procrihvd  the  measure,  it  wna 
eclarcdbvlaw,  *'that  in  the  eventofsuch  peace,  or  suspensioa 
of  hostilitiej,  b<t\« . '.  I)  the  belligerent  powers  uf  Kurupe,  or 
such  changes  in  ti  cir  measures  affecting  neutral  commerce, as 
might  render  thui  of  the  United  Htatcs  safe,  in  the  judgment  of 
the  president  of  the  United  States,  he  was  authoiized  to  sus* 
pend  the  embargo,  in  whole,  or  it>  part"!  '^"^e  pressure  of  the 
embargo  was  thought,  however,  su  sever*;  upon  every  part  of 
the  community,  that  the  American  government,  notwithstand* 
ing  the  neutral  character  of  the  measure,  determined  upon 
some  relaxation;  and,  accordingly,  the  embargo  being  raised, 
as  to  all  other  nations,  a  system  of  non>ii)tercoursc  and  non-im- 
portation waa  substituted  in  March,  1801),  as  tu  Great  Britain 
and  Fhincc,  which  prohibited  nil  voyages  tu  the  British  or 
French  dominions,  and  all  trade  in  articles  of  Britiith  or  French 
product  or  manufacture.^  But  atill  adhering  to  the  neutral  and 
pacific  policy  of  the  govcrnmenti  it  was  declared,  *'  that  the 
president  of  the  United  Htates  should  be  authorised,  in  case 
either  France,  or  Great  Britain,  should  so  revoke,  or  modify, 

*  See  the  act  of  congrcu,  paMcd  the  tid  of  December,  180/" 
tScc  tbe  act  of  cones',  patted  the  22d  of  April.  IbOli 
4  See  th«  sci«f  ecjigit'i,  psHtd  th«  tinttisy  of  March.  ISO** 


I.i 


38 

her  edicts,  u  ttiat  tbey  tltould  ccmc  to  violate  the  neutral  com- 
merce  of  the  United  Statfs,  to  declare  the  same  by  prodama* 
lion;  after  which  the  trade  of  the  United  States  might  be  re- 
newed with  the  nation  no  doing.***  'lliaae  appeals  to  the  ,jua« 
tice  and  the  intercuts  of  the  belligerent  powers  proving  inettec* 
tual;  and  the  necessities  of  the  country  increasing,  it  was  finally 
resolved,  by  the  American  i{ovcmment,  to  take  the  hazards  of 
a  wnr;  to  revoke  its  restrictive  system;  and  to  excltide  British 
and  French  armt- d  vessels  from  the  harbors  and  waters  of  the 
United  States;  but,  again,  emphatically  to  announce.  '*  that  in 
case  either  Oreat  Britain  or  France  should,  before  the  3d  of 
March,  1811,  so  revoke,  or  modify,  her  edicu,  as  that  they 
should  cease  to  violate  the  neutral  commerce  of  the  United 
States;  and  if  the  other  nation  should  not,  within  three  montha 
thereafter,  so  revoke,  or  modify,  her  edicts,  in  like  manner,** 
Che  provisions  of  the  non-intercourse  and  non- importation  law 
should,  at  the  expiration  of  three  months,  be  revived  against 
^e  nation  refusmg*  or  neglecting,  to  revoke,  or  modify,  its 
cdict.f 

In  the  course,  which  the  American  government  had  hitherto 
pursued,  relative  to  the  belligerent  orders  and  decrees,  the  can- 
did foreigner,  as  well  as  the  patriotic  citisen,  may  perceive  an 
extreme  solicitude,  for  the  preservation  of  peace;  but,  in  the 
publicttv,  and  impartiality,  of  the  overture,  that  was  thui 
spread  before  the  belligerent  powers,  it  is  impossible,  that  any 
indication  should  be  found,  of  foreign  influence  or  controu 
The  overture  was  urged  upon  both  nations  for  acceptance,  at 
the  same  time,  and  in  the  same  manner;  nor  was  an  intimation 
withheld,  from  either  of  them,  that  **  it  might  be  regarded  by 
the  belligerent  first  accepting  it.  as  a  promise  to  itself,  and  a 
warning  to  its  enemy.  **f  £ach  of  the  nations,  from  the  com- 
mencement of  the  retaliatory  system,  acknowledged,  that  its 
measures  were  violations  of  public  law;  and  each  pledged  itself 
to  retract  them,  whenever  the  other  ahould  set  the  example*|| 
Although  the  American  government,  therefore,  persbted  in  its 
remonstrances  against  the  original  transgressions,  without  re- 
gard to  the  question  of  their  priority,  it  embraced,  with  eager- 
ness, every  hope  of  reconciling  the  interests  of  the  rival  powers, 
with  a  performance  of  the  duty  which  they  owed  to  the  neutral 
character  of  the  United  States:  and  when  the  British  minister, 

*  See  the  1 1th  teciion  of  the  lut  cited  ut  of  congress, 
t  See  the  act  of  congress,  passed  the  1st  of  Msy,  l&IO. 

I  Sec  the  corrrspondence  between  the  secteiary  of  sttie,  ud  the  Anwriean 
pdnisters  st  London  and  Paris. 

II  See  the  docitmenu  Uid  bcfoiie  caagttu  firom  tiote  to  time  \if  the  pictidwt 
^iwintcd.  '   ,; 


re 


he  neutral  com* 
le  by  prodama- 
CI  might  be  re* 
>eals  to  the  jus- 
proving  inettec* 
i)g,  it  was  finally 
:  the  hazard*  of 
exclude  British 
d  waurt  of  the 
ounce.  '*  that  in 
before  the  3d  of 
;u,  as  that  they 
e  of  the  United 
tin  three  months 
in  like  manner," 
importation  law 
revived  against 
,  or  modify*  its 

lent  had  hitherto 
decrees,  the  can- 
may  perceive  an 
eace;  but,  in  the 
,  that  was  thus 
possible,  that  aoy 
ence  or  control* 
or  acceptance,  at 
was  an  intimation 
t  be  regarded  by 
e  to  itself,  and  a 
IS,  from  the  com* 
riedged,  that  iu 
ach  pledged  itself 
kcttbe  example'tl 
e,  persuted  in  its 
tions,  without  re* 
raced,  with  eager* 
fth«  rival  powers, 
ved  to  the  neutral 
British  minister, 

itt,  ud  the  AmAan 
» time  \tf  the  pitadest 


39 

residing  at  Washington,  in  the  year  180f ,  affirmed,  in  terms  as 
plain,  and  as  positive,  as  language  could  supply,  *'  that  he  was 
authorized  to  declare,  that  his  Britannic  majesty's  orders  in 
council  of  January  and  November,  1807,  will  have  been  with- 
drawn,  as  respects  the  United  States,  on  the  10th  day  of  June, 
1809,"  the  president  of  the  United  States  hastened,  with  ap- 
proved liberality,  to  accept  the  declaration  as  conclusive  evi* 
dence,  that  the  promised  fact  would  exist,  at  ihe  stipulated  pe- 
riod; and,  by  an  immediate  procluroaiion,  he  announced,  "that 
after  the  10th  day  of  June  next,  the  trade  of  the  United  States 
with  Great  Britain,  as  suspended  by  the  nonontercourse  law, 
and  by  the  acts  of  congress  laying  and  enforcing  an  embargo, 
might  be  renewed  "•  The  American  gr)vernment  neither 
asked,  nor  received,  from  the  British  minister,  an  exemplifica- 
tion of  his  powers;  an  inspection  of  his  instructions;  nor  the 
solemnity  of  an  order  in  council:  but  executed  the  compact,  on 
the  p«ri  of  the  United  States,  in  all  the  sincerity  of  its  own 
intentions;  and  in'all  the  confidence,  which  the  official  act  of 
the  representative  of  his  Britannic  majesty,  was  calculated  to 
inspire.  The  act,  and  the  authority  for  the  act,  were,  however, 
disavowed  by  Great  Britain;  and  an  attempt  was  made,  by 
the  successor  of  Mr.  Erskine,  through  the  aid  of  insinuations, 
which  were  indignantly  repulsed,  to  justify  the  British  rejec- 
tion of  the  treaty  of  1809,  by  referring  to  thr  American  rejection 
of  the  treaty  of  1806;  forgetful  of  the  essential  points  ot  differ- 
ence, that  the  British  government,  on. the  former  occasion,  had 
been  explicidy  apprized  by  the  American  negotiators  of  their 
defect  of  power;  and  that  the  execution  of  the  projected  treaty 
had  not,  on  either  side,  been  commenced.f 

After  this  abortive  attempt  to  obtain  a  just  and  honorable  re- 
vocation of  the  British  orders  in  council,  the  United  States 
were  again  invited  to  indulge  the  hope  of  safety  and  tranquilli- 
ty, when  the  minister  of  France  announced  to  the  American 
minister  at  Paris,  that,  in  consideration  of  the  act  t^  the  first  of 
May,  1809,  by  which  the  congress  of  the  United  Sutes '*en* 
gaged  to  oppose  iuelf  to  that  one  of  the  belligerent  powers, 
whicli  should  refuse  to  acknowledge  the  rights  of  neutrals,  he 
was  authorised  to  declare,  that  the  decrees  of  Berlin  and  Mj. 
Ian  were  revoked,  and  that  after  the  1st  of  November,  1810, 
they  would  cease  to  have  effect;  it  being  understood,  that  in 
consequence  of  that  declaration,  the  £ngtish  should  revoke 


•  Set  the  corrwpoudence  between  Mr.  Enkine,  the  British  miniatcr.  and  the 
secretary  of  state,  on  the  17th,  i»th,  and  1 9th  of  ApriJ.  HHWj  and  Uie  pieaident'* 
prudaination  of  the  last  d»te 

t  See  the  corr*apondence  between  the  «ecrefirr  of  Ma'*",  and  Mr,  Jjclcsfir.. 
<he  British  minister. 


'n, 


to 


their  orderi  in  council,  nnd  renounce  the  new  principlet  of 
blockadf ,  which  thev  had  wished  to  establith)  or  that  the  Unit- 
ed States,  conformablv  to  the  act  of  congress,  should  cause  their 
rights  to  be  respectedby  the  English."*    This decUration. de- 
liTcred  by  the  official  organ  of  the  sovemment  of  France.^and 
in  the  presence,  as  it  were,  of  the  French  sovereign,  was  of  the 
highest  authority,  accordjwyo  aU  the  rules  of  diplomttic  in. 
tercourse;  and,  certainly,  Iflph-passed  any  claim  of  credence, 
which  was  possessed  by  the  British  minister,  residing  at  Wash, 
ington,  when  the  arrangement  of  the  year  1809,  was  accepted 
and  executed  by  the  American  government.    The  president  of 
the  United  States,  therefore,  owed  to  the  consistency  of  his 
own  character,  and  to  the  dictates  of  a  sincere  impartiality, « 
prompt  atceptance  of  the  French  overture:  and,  accordingl]^* 
the  authoritative  promise,  that  the  fact  should  exist,  at  the  sti- 
pulated period,  being  again  admitted  as  conclusive  evidence  of 
its  existence,  a  procbmation  was  issued  on  the  8d  of  November, 
1810,  announcing,  **  that  the  edicts  of  France  had  been  so  re- 
voked, as  that  they  ceased,  on  the  1st  dajr  of  the  same  month, 
to  violate  the  neutral  commerce  of  the  United  States;  and  that 
all  the  restrictions  imposed  by  the  act  of  congress,  should  then 
cease  and  be  discontinued,  in  relation  to  France  and  her  depen- 
dencies."t    That  France,  from  this  epoch,  refrained  from  all 
aggressions,  on  the  high  seas,  or  even  in  her  own  ^rt»»  "?««» 
the  persons  and  the  property  of  the  ciiiaens  of  the  United  States, 
never  was  asserted;  but,  on  the  contrary,  her  violence  *"""*' 
spoliations  have  been  unceasing  causes  of  compliint.      rhese 
subsequent  injuries,  constituting  a  part  of  the  existing  reclama- 
tions of  the  United  States,  were  always,  however,  disavowedby 
the  French  governmentj  whilst  the  repeal  of  the  Berlin  and  Mi- 
lan decree  has,  on  every  occasion,  been    affirmed;  insomuch 
that  Great  Britain  herself  was,  at  last,  compelled  to  yield  to  the 
evidence  of  the  fact. 

On  the  expiration  of  three  months,  from  the  date  of  the  pre- 
sident's proclamation,  the  non-intercourse  and  non-importatiou 
law  was,  of  course,  to  be  revived  against  Great  Britai ),  unless, 
during  that  period,  her  orders  in  council,  should  be  revoked. 
The  subject  was,  therefore,  most  anxiously,  and  most  steadily, 
pressed  upon  the  justice,  and  the  magnanimity,  of  the  British 
government;  and  even  when  the  hope  &f  success  expired,  by 
ihte  lapse  of  the  period  prescribed  in  on-  aci  of  congress,  the 
United  States  opened  the  door  of  reconciliation  uy  another  act, 
which,  in  the  year  1811,  again  provided,  that  in  case,  at  any 

•  See  \\ie  tluUc  de  Cadore'd  letter  to  Mr.  Armstrong,  dated  theSth  of  All||^t, 


^  See  thv 


t 


nt'surnri--.iti(ja,  oK  thc  ^d  cf  Novembcr,  1810. 


principlet  of 
that  the  Unit* 
kild  cause  their 
leclaration.de- 
i  France,- and 
ign,  was  of  the 
dipIoiMtic  in* 
m  of  credence, 
idingat  Wash. 
,  was  accepted 
te  president  of 
sistency  of  his 
impartiality, « 

1,  accordingl]^* 
ixist,  at  the  sti* 
ive  evidence  of 
il  of  November, 
ad  been  so  re- 
le  same  month, 
kates;  and  that 
HS,  should  then 
and  her  depen* 
frained  from  all 
wn  ports,  upon 
t  United  States, 
iolence  and  her 
ipliint.     These 
cisting  reclama- 
r,  disavowed  by 
Berlin  and  Mi- 
rmedi  innomuch 
il  to  yield  to  the 

date  of  the  pre- 
non-importatioa 
Britai),  unless, 
uld  be  revoked, 
d  most  steadily, 
,  of  the  British 
cess  expired,  by 
}f  congress,  the 
a  Uy  another  act, 
t  in  cast',  at  any 

■  -  - 

edthe&thof  Aappt, 
bcr,  1810.       *  i    >■ 


K 


time,  «♦  Great  Britain  should  so  revoke  or  modify  her  edicts,  as 
that  they  ahall  cease  tu  violate  the  neutral  commerce  of  the 
United  8t»tes{  the  president  of  the  United  Sutes  should  de- 
^  Clare  the  ftct  bv  prodamationt  and  that  the  restrictions,  previ- 
toutiy  impoied,  ahduld,  from  the  date  of  such  proclamation. 
*v"^  •*r  ***  diwontinued."*  But,  unhappilv,  every  appeal  to 
the  juatice  and  magnanimity  of  Great  Britain  was  now,  as  here- 
j22Lu'"*"  "*"  fo-lom.  She  had,  a^  this  epoch,  impress- 
9dnita»  the  crews  of  American  merchant  vessels,  peaceably  na- 
vt^lHiK  the  hi^  seas,  not  less  than  six  thousand  mariners,  who 
claimed  to  be  pttaens  of  the  U  lited  States,  and  who  were  de- 
nted all  opportiinity  to  verify  rheir  claims.  She  had  seized  and 
coofiscated  the  commercial  property  of  American  citixens,  to 
MincalculaUc  amount  She  bad  united  in  the  enormities  of 
France,  to  declare  a  great  proportion  of  the  terraqueous  globe  in 
■  stete  of  blockade^  chasing  the  American  merchant  flag  elTectu- 
nUy  from  the  ocean.  She  had  contemptuously  disregarded  the 
neutndity  of  th«  American  territory,  and  the  jurisdiction  of  the 
American  laws,  within  th«  waters  and  harbors  of  the  United 
BUtes.  She  was  enjoying  the  emoluments  of  a  surreptitious 
trade,  stained  with  ev.-^ry  species  of  fraud  and  corruption, 
which  ^ve  to  the  belligerent  powers,  the  advantages  of  peace! 
while  the  neutral  powers  were  involved  in  the  evils  of  war. 
She  had,  in  short,  usurped  and  exercised,  on  the  water,  a  tv- 
rahny  similar  to  that,  which  her  great  antagonist  had  usurped 
and  exercised  upon  the  land,  And,  amidst  all  these  proofs  of 
ambition,  and  avarice,  she  demanded,  that  the  victims  of  her 
usurpations  and  her  violence,  should  revere  her  as  the  sole  de- 
fend«r  of  the  rijjhts  and  liberties  of  mankind. 

When,  therefore.  Great  Britain,  in  manifest  violation  of  her 
solemn  promises,  refused  to  follow  the  e^mple  of  France,  by 
the  repeal  6f  her  orders  in  council,  the  American  government 
was  compelled  to  contemplate  a  resort  to  arms,  as  the  only  re- 
maining course  to.be  pursued,  for  iu  honor,  its  independence, 
ud  Its  safety.  Whatever  depended  upon  the  United  Sutes 
*P'"^»ve8,  the  United  States  had  performed,  for  the  preserva. 
*I***!Kff*'*'  *»  •■e»"^nce  of  the  French  decrees,  as  well  as  pf 
theJMtish  orders.  What  had  been  required  from  France,  in 
Its  relHtion  to  the  neutral  character  of  the  UnitedStttes,  Franc* 
had  performed,  by  the  revocation  of  iu  Berlin  and  Milan  de- 
crees. But  what  depended  upon  Great  Briuiq,  for  the  purw 
I»Bea  of  justice,  in  the  repeal  of  her  orders  in  councU,  was 
witbheldi^aod  new  evasions  were  sooa-ht,  when  the  old  were 
exhausted.    It  was,  at  one  time,  alleged,  that  satisfactory  proof 


•  See  tMlKt  or  toflpen,  puicd  the  2d  of  Mwch,  \%\\. 
6 


MirtW 


*, 


ti'.^VS, 


iXt    4 


4t 


wu  not  afforded,  that  Prwice  had  rtpaalad  her  dter«c»  against 
the  commerce  of  the  Unl^d  Btateat  as  if  aueh  proof  abne  were 
wanting,  to  enaura  tbt  Mrfonnanca  of  tba  SiMah  nromba.<l> 
At  anooier  tioae,  it  waa  inaiated,  thai  the  r^^tal  of  wm  Ftrtaeh 
decrtoa,  la  ttieir  operation  agaim;  tha  ^^mi  lialoa,  In  ordor 
to  authoptae  a  demand  for  tha  parfbriMMa  m  the  Britiah  pfo* 
miaa,  aauat  be  toul,  applying  equally  to  their  intamal,  and  tkair 
esteraal  effectii  aa  if  thr  iTulimd  Btut^,  had  aither  tha  ri|^tt  ve 
the  power,  to  imb«is£  upon  Franca  the  law  of  her  doaaaape  in* 
stitutiona.t  Ana  it  was,  finally,  insisiad,  b  a  deapaieh  from 
lord  Castlcreagb,  to  the  British  minister,  reitidlng  at  Washing- 
ton, in  the  year  IMt,  which  was  oflkially  communicated  to  the 
American  government,  **that  the  decrees  of  B«riin  and  Milan 
must  not  be  repealed  singly  and  specially,  in  relation, to  the 
United  States)  but  must  be  repealed,  also,  as  to  all  olhefneuiral 
national  and  that  in  no  less  ekteot  of  a  repeal  of  the  French  de- 
crees, had  the  British  government  ever  pledged  itself  to  repoM 
the  ordera  in  council}**!  aa  if  it  were  intumbent  on  the  United 
States,  not  only  to  assert  her  own  rights,  but  to  hecome  die  co- 
adJu<:or  of  the  Bfititb  government,  m  a  gratuitous  aaaertion  of 
the  rightt  of  all  other  nations. 

The  congress  of  the  United  States  could  pause  no  bng^r. 
Under  a  deep  and  aflicting  sense  of  the  naticMsal  wronri,  and 
the  national  resentmentti.  while  they  *'  postponed  demitive 
measures  with  respect  to  France,  in  the  expectation  that  the  re- 
sult of  unclosed  discussions,  between  the  American  minister  at 
Paris,  and  the  Fhinch  government,  would  speedily  enable  them 
to  decide,  with  greater  advantage,  on  the  couraa  due  to  the 
rights,  the  interests,  and  the  honor;  of  the  country  ;**||  they  pro- 
nounced a  deliberate  and  solemn  declaration  of  war,  between 
Great  Briuin,  and  the  United  States,  on  the  18tb  of  June, 

But,  it  is  in  the  face  of  all  the  facts,  which  htve  been  dis- 
played, in  the  present  narrative,  that  the  prince  regent,  by  his 
dechmition  of  Jaauary,  IMS,  describee  the  United  States  aa  the 
aggressor  in  the  war>  If  the  act  of  declarbg  war,  constitutes, 
in  all  cases,  the  act  of  original  aggression,  tne  United  tilMea 
must  8ub.nit  to  the  severity  of  the  reproach:  but  if  the  ttft  pf 
A>claring  war  may  be  more  truly  considered,  sr  the  result  of 


*  Sw  tkt  Goncspondaice  between  Mr.  PinkaqrKad  tin  BritUh  govarnnwiiU) 
«  Sae  du  lettm  of  Mr.  Erakine. 

I  See  the  cart«t|iondmoa  between  the  iccretujr  9t  MM,  *mi  Mr.  foum,  ths 
Britith  rainiiter,  in  Jane,  I8lt. 

II  See  the  jnttident'e  mceMge  of  the  lit  of  Janti  Itlli  sad  tha  npott  of  the 
ctfmmittee  or  foreipi  reluioni.  to  wtia:n  the  nMMtft  WMreteiwL   g,        ^. 


^■i..^.- 


r««»  agiiatt 
rilontvrsrc 

t»i  Frmicb 
M,  Inordtr 
Britlili  pitH 
«l,Mdtktir 
tiM  rli^tf  or 

tpMcH  from 
•t  WMhitog- 
Icatcd  to  the 
n  and  Milan 
iMlott  tothe 
»lhcr  neutral 
B  French  d«- 
telf  to  repeal 
A  the  United 
come  the  eo« 
i  aeeertion  of 

le  no  longer, 
wronrjt  end 
ltd  definitiTe 
w  that  there- 
to minister  at 
r  enable  them 
le  due  to  ihe 
f}»»||  they  pro- 
ttwt  between 
8th  of  June, 

tave  been  dis- 
regent«  by  hit 
Ibtitetatthe 
r*  constlttttet. 
United  JUMM 
I  if  thettft9f 
4  the  reiult  of 


Ml  lovwrnnwiiu) 
id  Mr.  roiMT.  Um 
I  tka  npott  of  *• 


long  suffering,  and  necessary  self-defence,  the  American  go- 
vernmeni  will  sund  acquitted,  in  the  sight  of  Heaven,  and  of 
the  world.  Have  the  United  States,  thenf  ensUved  the  subjecu, 
confiscated  the  property,  prostrated  the  commerce,  inaultsd  die 
iag.  or  vloUttddic  territorial  sovereignty,  of.  OrettBriain? 
Noi  but,  in  all  these  respects,  the  United  States  nad  suDfrod,  for 
a  long  period  of  years,  previously  to  the  dccbration  of  war, 
the  cMtumely  and  outrage  of  the  British  soverament.  It  h«s 
been  said,  too,  as  an  anravation  of  the  imputed  aggression, 
'Hat  the  United  States  chose  a  period,  for  their  declaration  of 
war,  when  Oreat  Briuin  was  struggling  for  her  own  existence, 
agailosC  a  power,  which  threatened  to  overthrow  the  indepen- 
dence of  all  Europe}  but  it  might  b«  more  truly  said,  that  the 
United  8ute«.  not  acting  upon  choice,  bat  upon  compulsion, 
delayed  the  declaration  of  War,  until  the  persecutions  of  Great 
Britain  had  rendered  further  aelay  destructive  and  disgraceful. 
Qnat  Brimin  had  converted  the  commercial  scenes  of  American 
opulence  and  prosperity,  into  scenes  of  comparative  ooverty 
and  distrewi  she  had  brought  the  exisunce  of  the  United  States, 
as  an  independent  na^,  into  question;  and,  suraly,  it  must 
have  been  indifferent  to  the  United  Sutee,  whether  they  ceased 
to  exist  as  an  independent  nation,  by  her  conduct,  while  she  pro- 
fessed friendship,  or  by  her  conduct,  when  she  avowed  enmitv 
and  ravenge.  Nor  is  k  true,  that  the  existence  of  Great  Bri- 
tain was  in  danger,  at  the  epoch  of  the  decbration  of  war.  The 
American  govemmen*  uni(brmly  entertained  an  opposite  opini- 
on; and,  at  aU  times»  saw  more  to  apprehend  for  the  United 
Sutes,  from  her  mr  r  ume  poweV,  than  from  the  territorial  now- 
ar  of  her  enemy.  ' '  «  event  has  justified  the  opinion,  and  the 
apprehension.  Bu^  what  the  United  Stttes  asked,  as  essential 
to  their  welfare,  and  evea  as  bene^^l  to  the  aUies  of  Oreat 
Britain,  in  the  European  war.  Great  Briuin,  it  is  manifest, 
might  have  granted,  without  impairing  the  resources  of 
her  own  strength,  or  the  aplendor  of  her  own  sovereignty; 
for,  her  orders  in  council  have  been  since  revoked;  not, 
kit  true,  as  the  performance  of  her  promise,  to  folfow,  in 
thW^pect,  the  example  of  France,  since  she  finaUyrested  die 
obligation  of  tha^  promise,  upon  a  repeal  of  the  BVencKde- 
creesv  as  to  aU  nations;  and  the  repeal  was  only  u  to  the  Unit, 
cd  Swtes:  nor  as  an  act  of  national  justice  towards  the  United 
States*  but,  simply,  a»  ah  act  of  domestic  policy,  for  the  special 
advantage  of  her  own  people.  ... 

The  British  government  has,  also,  described  the  war,  as  a 
war  of  aggraficusement  and  conquest,  on  the  part  of  the  United 
Slates;  but,  ^here  is  the  foundation  fi>r  the  charge?  While  the 
American  gove7M»:';nt  employt4  every  means,  to  dissuade  the 


i*W 


t 


Indimt,  even  tboM  who  lived  within  the  territory,  end  were 
■upplied  by  the  botinty.  of  the  United  Rutce,  from  tekiDf  any 
part  in^  the  war,*  the  ^rooti  were  irreeittible,  thai  the  enemy 
pursued  a  very  different  coursetf  nnd  that  every  precai»tion 
would  be  nccetiarv,  to  prevent  the  effectt  ol  an  offensive  alli- 
ance, between  the  British  troops  and  the  savages,  throughoot 
the  northern  frontier  of  «he  United  States.    The  military  oceu, 
pationof  Upper  Caaada  was,  therefore,  deeosed  Indispensable 
to  the  safety  of  that  frontier,  in  the  earliest  asovementaM  the 
war,  independent  of  all  views  of  esunding  the  territorial  boun- 
dary  of  the  I'nited  States.    But,  when  war  was  declared,  m 
resentment  for  injuries,  which  had  b«en  suffered  upon  me  At- 
lantic, what  principle  of  public  law,  what  modification  of  civd- 
ized  wiirfare,  imposed  upon  the  United  States,  the  duty  of  ab- 
suining  from  the  invasion  of  the  Can«da»?    It  was  there  alone, 
that  the  United  Sutes  could  place  themselves  upon  an  equal 
fooling  of  military  force  with  Great  Briuini  and  it  was  there, 
that  they  might  reasonably  encourage  the  hope  of  being  able, 
in  the  prosecution  of  a  lawful  reuliation,  "to  restrain  the  vio- 
lence  of  the  enemy,  and  to  retort  upon  him,  the  evils  of  his  own 
injustice."    The  proclamations  issued  by  the  American  com- 
manders, on  entering  Upper  Canada,  have,  however,  been  ad- 
duced by  the  British  negotiators  at  Ghent,  as  the  proofs  ofa 
spirit  of  ambition  and  aggrandisement,  on  the  part  of  their  go- 
vernment.    In  truth,  the  proclamations  were  not  only  unautho- 
rized and  disRpproved,  but  were  infractions  of  the  positive  m- 
Btructions,  which  had  been  given,  for  the  conduct  of  the  war  w 
Canada.    When  the  general,  commanding  the  north  western 
armv  of  the  United  States,  received,  on  the  a4th  of  June,  18i«, 
his  first  authority  to  commence  offensive  operations,  he  was 
especially  told,  that  "he  must  not  consider  himself  authorized 
to  pledge  the  government  to  the  inhabiunu  of  Canadp,  further 
than  assurances  of  protection  in  their  persons,  property,  and 
righu."    And  on  the  ensuing  1st  of  August,  it  was  emphaticaliy 
declared  to  him,  ••  that  it  hart  become  necessary,  that  he  should 
not  lose  siriit  of  the  instructions  of  the  a*th  of  June,  ••  ^ny 
pledge  beyond  that,  was  incompatible  with  the  views  61  the 
govemment.**$     Such  was  the  nature  of  the  charge  of  Ameri- 
can smUtion  and  aggrandizement,  and  auch  the  evidence  to 
support  it. 
The  prince  regent  has,  however,  endeavored  to  add,  to 

•  8m  the  procecdinctai  ths  co«;.^as.  hcU  with  th*  Inai«M,  duriac  tht  «xpe- 
«tion  under  brigadier  mntni  iluUt  u>d  the  ttJk  delivered  by  the  prMidem  of  tiic 
Vnitod  StatM.  to  the  Six  Natjoni.st  Wuhin|ton,  on  tb^  8Uiot  AorU,  l»iA 

t  See  the  docmnewi  laid  before  congreM  on  the  I3th  fune,  I8I«.         . 

i  8m  the  letter  frwn  the  Mucury  o(  the  war  depMtr,ent,  to  brigadier  fcnefSI 
Hull,  dated  the  2ith  of  Jtme,  aiid  Uw  1%4  nf  Augiut,  1012.  ^ 


the 
the 
tioi 
•  of  I 
apii 

:ii 

val< 

poll 

the 

its 

AU 

nert 

Ct»i 

or  1 
ovei 

El 
1 
top 
and 
two 
cipl 
gov 
intl 
the 
Fra 
thei 
But 
cess 
uf  u 
tion 
revc 
coui 
pret 
inl 
to  til 
the 
turei 
duri 
ced 
of  c« 
deer 

•8 
fatij 


%b 


\ 


jr,  and  w«r« 
I  uikiof  ray 
the  enemy 
preoMidoii 
BeMivc  alU* 
Uirottghoat 
ilituy  occu^ 
idUpcoMbl* 
MDtftJif  the 
itorial  boun* 
declarcdt  in 
upon  the  At- 
ion  of  civil- 
duty  of  ab- 
I  there  alone, 
>on  an  equal 
it  was  there, 
being  able, 
rain  me  vio* 
lit  of  hie  own 
lerican  com- 
er, been  ad« 
it-  proof*  of  a 
t  of  their  go- 
mly  unautho* 
t  pokitive  in- 
of  the  war  in 
korth  western 
)f  June,  1812, 
ions,  he  was 
If  authorized 
inadp,  further 
property,  and 
i  emphaticaliy 
hat  he  should 
June,  as  any 
views  dithe 
rgeof  Ameri* 
e  evidence  to 

d  to  add,  to 

,  durinc  the  «xpc- 

be  pNtudent  of  ttic 

9fAiirU.1813. 

iSli 

>  bri(MUer|ciM|sl 


these  unfounded  accusations,  a  stigma,  at  which  the  pride  of 
the  American  government  revolts.  Listening  to  the  fsbricn- 
tions  of  British  emissaries!  gatherinff  scandala  from  die  abuses 
•  of  a  free  preset  and  misled,  perhaps,  oy  the  asperities  of  a  party 
•piriti  common  to  all  free  govemmentsi  he  affects  to  trace  thi* 
ori|in  of  the  war  to ''a  marled  partiality,  in  pdliatiog  and 
assisting  tht  anressive  tyranny  of  France}'*  and  "  to  the  pre- 
valence of  such  councils,  as  associated  the  United  States,  In 
policy,  with  the  government  of  that  nation.*'*  Tlie  conduct  of 
the  American  government  is  how  open  to  every  scrutiny}  and 
its  vindication  is  inseparable  from  a  knowledge  of  die  facu. 
All  the  world  must  be  sensible,  indeed,  that  neither  in  the  ge- 
neral policy  of  the  bte  ruler  of  Francd  nor  in  his  particular 
tuament  of  the  United  Butes,  could  then  exist  ray  political, 
or  rnrional  foundation,  for  the  sympathies  and  associations, 
overt,  or  cUmdestlne,  which  have  been  rudely  and  unfairly  sug- 
^3sted.    It  Is  equally  obvious,  that  nothing  short  of  the  ag> 

Essive  tyrmny,  exercised  by  Great  Britain  towards  the  United 
tet,  could  have  counteracted  and  controlled,  those  tendencies 
to  peace  and  amity«  which  derived  their  Impulse,  from  natural 
and  social  causes}  combining  the  affections  and  interasts  of  the 
two  nations.  ThcHmericra  government,  faithful  to  that  prin- 
ciple of  public  law,  which  acknowledges  the  authority  of  all 
|;ovemmena  established  de  fxtos  and  conforming  iu  practice, 
in  this  respect,  to  ;he  example  of  Europe}  haa  never  contested 
the  validity  o.'  Uku  governmenu  successively  established  in 
France}  nor  refraeaed  from  that  intercourse  with  either  of 
diem,  which  the  iust  interests  of  the  United  Sutes  required. 
But  the  British  cabinet  is  challenged  to  produce,  from  the  re- 
cesses of  its  secret,  or  of  iu  public,  archives,  a  single  instance 
uf  unworthy  concessions,  or  of  political  alliance  and  combina- 
tion,  throughout  the  intercourse  of  the  United  States,  with  the 
revolutionffry  rulers  of  France.  Was  it  the  inBueoce  of  French 
councils,  that  induced  the  American  government  to  resist  the 
pretensions  of  France,  in  1798,  and  to  encounter  her  hostilities 
in  1798)  dtat  led  to  the  ratification  of  the  British  treaty  in  1796} 
to  the  BrMsh  negotiation  in  1806,  and  to  the  convention  with 
the  British  tsioister  in  1809?  that  dictated  the  impartial  over- 
tures, which  were  made  to  Great  Britain,  as  well  as  to  Fnhice, 
during  the  whole  j^eriod  of  the  resetictive  system?  that  produ- 
ced the  determination  to  avoid  making  any  treaty,  even  a  traaty 
of  commerce,  with  Friince,  until  the  outrage  of  the  Bambouillet 
aecree  waa  repaired?!  that  sanctioned  the  repeated  and  urgent 
'  '    '  II  I  '     I      1 .1     ■  II 

*  ^*>>«  BritUk  deetantion,  of  the  iOth  of  JmvMty,  1813. 

t.awtlie  iiutructkNu  fsrom  the  Muet»ry  of  state  to  the  Aewricsa  aisitter  U 
Fans,  dated  the  29th  5Uy,  ISia. 


* 


¥ 


4(i 


eflhrti  of  the  American  government,  to  put  an  end  to  the  war, 
■ImoAt  M  eooo  at  it  was  declared^  or  that,  finally,  proonpted 
the  explicit  cemmuakation,  which,  in  purauasea  of  inttnic* 
tiona,  waa  made  by  the  Amr riean  miniiter,  at  St.  Fatarabtirgh, 
lo  the  court  of  Ruaaia,  atating,  •*  that  the  principal  aiiliijactt  of 
diaiMaioo,  nrhleh  had  long  been  aubtiatins  between  tkt  Unltad 
Btakaa  and  France,  remained  upaettlad)  that  there  wna  no  iai* 
■MdiaM  proaptdt*'  that  there  would  bt  a  aidafaclonr  aattlancnt 
of  themi  but  ^ii,  whatever  th4  avant,  In  thu  ratpact,  might 
be,  it  wai  not  the  intention  of  the  goveraaaant  of  tha  United 
Sutca,  to  enter  into  any  more  intimate  connesiona  widb  Franca} 
that  the  government  of  the  Uniud  Btatct  did  not  aiiUclpala  any 
event  whatever,  that  could  produce  that  eflbct)  and  that  the 
American  miniatcr  waa  the  more  haftpy  lo  find  hiouclf  autho< 
riaad  by  hit  governnient  lo  avow  ttiia  intefltiooi  aa  diiiirent 
rcprcaentationa  of  their  viewa  had  been  widely  circuUlad,  aa 
irtll  in  Eur^,  aa  in  America.*'*  Bot»  while  every  act  of  the 
American  government  thut  falalfieathe  charge  of  a  aubaarvicnev 
to  the  policy  of  France,  it  may  be  Juatly  remarked,  thai  of  aU 
the  govemmenta,  maintaininf  a  nccaaaary  relation  and  inter, 
course  with  that  nation,  from  the  commencement,  to  the  recent 
termination,  of  the  revolutionarf  iatablishiiBnta,  it  haa  happen- 
ed, that  the  government  of  the  United  Biatee  haa  laaat  eihiDited 
marka  of  coodeiicenaioh  and  concesaion  to  the  auccaaaive  ru- 
lari.  It  ia  for  Great  Britein,  more  partictllarly,  aa  an  accuser, 
tp  examine  and  explain  the  contittency  of  tha  reproaches, 
which  she  haa  uttered  against  the  United  States,  with  the 
course  of  her  own  conduct)  with  her  repeated  ncgotiaUona, 
during  the  republican,  aa  well  aa  during  tne  imperiid,  sway  of 
France}  with  her  solicitude  to  make  and  to  propose  treaties; 
with  her  interchange  of  commercial  benefiu,  so  irreconcilable 
to  a  state  of  war«  with  the  almost  triumphant  entry  of  n  French 
amtm^sador  into  her  capital,  amidst  the  acclamationa  of  the 
populaces  and  with  the  prosecution,  instituted,  by  the  orders 
ofthe  king  of  Great  Britain  himself,  in  the  higliest  court  of  cri* 
minal  jurisdiction  in  his  kingdom,  to  punish  the  printer  of  • 

Szctte,  for  publishing  a  libel  on  the  conduct  and  duuracter  of 
e  late  ruler  of  France!  Whatever  may  be  the  sotfrca  of  thcsa 
symptoms,  how'ver  they  may  indicate  a  subservient  policyi 
AUch  symptoms  have  never  occurred  in  the  United  otateBj^ 
throughout  the  imperial  government  of  France. 

The  conduct  of  the  United  States,  from  die  moment  of  de* 
daring  the  war,  will  serve,  as  well  as  their  previous  conduct, 
to  rescue  them  from  the  unjust  reproachr .  of  Great  Britain. 

*  See  Mr.  Monroe**  letter  to  Mr.  AiUnu,  dued  the  lit  of  July,  ISlSt  sad  Mr. 

Adams'  Irttet  to  Mr.  Monroe,  da^cd  the  Ihhof  December,  ISli. 


snd  to  the  w«r, 
lUy,  promptwl 
BM  of  Inttruc* 
u  Fattrtbarght  ,. 
\ftX  siAtiectt  of 
•en  tlM  United 
if  WM  no  \m- 

lory  MitUmcnt 
twpwt,  might 

t  of  the  Uaited 
MwhhFrrac*} 
>twitkl|wtcwy 
I)  and  that  the 
thlmMlfnutlto. 
00,  M  dUbrcnt 
y  ciraiUted,  M 
every  Mt  of  the 
>f»ettbB«r»iency 
rfced,  that  of  lU 
iadon  nnd  inter* 
ent,  to  the  recent 

iU,  ith«»  b*PP*"* 
MleMteshioitcd 

M  tucceeeive  ru. 
y,  M  an  nccueer, 
the  reproMhee, 
Btatee,  with  the 
ted  negotiatioMt 
imperid,  ewajr  of 
prupote  treatice; 
to  irreconcilable 
entry  of  n  French 
clMnationa  of  the 
ed,^ythe  ordera 
g^at  court  of  cri« 
1  the  printer  of  a 
I  and  chnracter  ot 
heaonrrceof  theae, 
Abservtent  policy, 
le  United  Sttten,' 

ie  moment  of  de- 
previouB  conduct, 
of  Great  Britain. 

ofJttly.W«»Mdiir. 
■>er.  I»l«. 


When  war  waa  declaredi  th«  ordera  in  council  had  been  mam* 
tained,  with  iaeaorabk  hoatiUty,  until  a  thouaaad  American 
veaaela  and  ihtlr  cargoea  had  been  aflied  and  coniacatcd,  un« 
dar  Ihehr  oparatioai  tha  BrlUah  miniatar  at  Waahington  had, 
iHth  peealiar  aoUmnity,  announced  that  the  ordara  would  not 
ba  fapaalad,  but  upon  condltioM,  which  the  Aaacricao  govern* 
naant  had  net  Ae  right,  nor  the  power,  to  fulfil)  and  the  ICoro* 
paaa  war,  wbkh  had  rand,  with  Httle  Intermiaaloo,  for  twenqr 
yean,  thnManad  an  inoainita  continuance.  Uider  theae  cirw 
cuoMtancaa,  a  repeal  of  the  ordera,  and  a  ccieation  of  the  inju- 
rUa,  which  they  produced,  were  eventa  beyond  all  rational 
antkipation.  It  appcara,  however,  that  the  ordera,  under  the 
influence  of  n  parliamentary  inquiry  into  their  eiecu  upon  the 
trade  and  manuiKturea  of  Great  Britain,  were  proviaiooally 
reped^  on  the  tSd  of  luna,  IttS,  a  few  daya  aubaaiiuent  to 
the  Aiiorican  declaration  of  war.  If  thia  repeal  had  been 
mnda  Inown  to  tfia  United  Statea,  before  their  reaort  to  armt, 
tilt  repeal  would  hnva  arrcated  it)  and  that  cause  of  war  being 
removed,  the  other  aaacMlal  cauae,  tha  practice  of  imprcaa- 
ment,  would  hava  been  the  auMect  of  renewed  negotiation, 
under  the  auapicioua  Influence  of  A  partial,  yet  important,  act 
of  reconciliation.  But  the  declaration  of  war,  having  announ* 
cad  tha  practica  of  impreaament,  aa  a  principal  cauae,  peaca 
could  only  be  the  reeolt  of  an  espreaa  abandoomeut  of  the 
practicei  of  n  eunnanekin  of  the  practice,  for  the  purpoaca  of 
negotiation)  or  o'n  ceasation  oi  actual  auflerance,  inconac. 
quence  of  a  pacification  in  Europe,  which  would  deprive  Chraat 
Britain  of  every  motive  for  continvlng  the  practica. 

Hence,  when  early  intimationa  werf  given,  from  Halifio, 
and  from  Canada,  of  a  disposition,  on  tti^  part  of  the  local 
authoritiea,  to  enter  into  an  armistice,  the  power  of  thoec  au* 
thoritiaa  Waa  so  doubifnl,  the  objecta  of  the  armiatice  were  ao 
limited,  and  the  immediate  advnntagca  of  the  measure,  were  ao 
entirely  on  the  side  of  the  enemy,  that  the  American  govern* 
ment  could  neit,  consiatently  witn  ita  dutv,  embrace  the  propo*.; 
sitiooa.*  But  some  hope  of  an  amicable  adjuatmeni  area  io«' 
spired,  wlifn  n  commanication  waa  rc(leived  from  admiral 
Warren,  hi  September,  181S,  stating  that  he  waa  comnumdcd 
by  hie  government,  to  propose,  on  the  one  hand,  **tlMt  the 
government  of  the  Uiiited  Statea  ahould,  instantty  rcadl  th*ir 
lettera  of  asarque  and  reprisal  ngainat  Briti^  chtpa,  taythsr 
with  all  orders  and  inatruetiona  for  any  acts  of  hoatUll^  W^* 

*8m  tiMltwn  ftma  tbt  dimniMum  of  «ms  to  Mr.  IimmH.  4uti fkk  and 
lOth  Awnt,  laiS,  ud  Mr.  Grthtm'i  iMmann4iM  «f  a  caarcmiioa  witk  M». 
Baktr.  um  BritWi  ■tciwujr  at  kfutoi,  wcIomJ  ia  Um  Imi  ictur. 
Mr.  MoMM'f  ktier  to  Mr.  RuMcl.  tl»t«4  ibc  S(Ut  of  Aug om,  Uli. 


«v«r  agtintt  Um  ttrrlturics  of  hit  «ujc»ty,  or  ihe  per»ona  or 
property  of  hU  aubjccui**  ud  to  promiM,  on  iht  other  hand,  if 
th«  AmcricM  gnvtrnmcnt  acaaitMtd  in  tbt  prtctding  pro* 
potUion,  that  InttruciUNM  thould  b«  iaavad  to  tha  BritUh  aqua- 
drooa,  to  dUcoatlnua  hoatiUiiaa  afidaat  iha  Unitad  trtataa  and 
their  citiMoa.  Tkia  ovartura,  however,  waa  aubject  to  a  further 
qualifica^iea,  **ih$i  ahould  tha  AflHrlcaa  govcmmant  accede 
lathe propoaal  lur  tcrailaaciag  hoaiiUtlea,  the  Brltiah  adaiial 
waa  auihoriaad  Ift  arranga  witn  tha  Amarican  fovemmam,  aa 
to  the  revocadott  of  the  lawa,  which  interdict  tha  comaMrce 
and  ahipeof  war  of  Ortat  Britain  from  tha  harbors  and  waura 
of  the  United  Suteai  but  that  in  default  of  auch  revocation 
within  the  reaaonabie  period  to  be  agreed  upon,  the  ordera  in 
couQcii  would  be  revived.***  Thr  ^aaerieao  govemnaent,  at 
once,  espreaaed  a  diapoaition  to  embrace  the  general  propoaition 
for  a  ccsaatien  of  hoatiiitiea,  with  a  view  to  ucgotiatMli  de« 
clared  that  no  peace  could  be  durable,  unlaaa  the  eaaeotial  object 
of  impreaamcnt  waa  aiHuatedi  and  oferad,  aa  a  bnaia  of  the 
adjuatnaant,  to  prohibit  tne  emplojriDent  of  Briiiah  auMecta  in 
the  naval  or  commercial  acrvice  of  tha  United  Statcai  but  ad- 
hering to ,  ita  determination  of  obtaining  a  relief  from  actual 
aufferance,  the  auapcnaiun  of  the  practice  of  imprcaamant  pand« 
Ing  the  propoacd  'armiatica,  waa  deamad  •  nacaaaarjr  conae- 
quencei  lor  **  it  could  not  be  praaunaad,  while  the  pnrtlaa  were 
ennged  in  •  negotiation  to  adjjuat  analcably  thia  Imporunt 
difference,  that  tha  United  Statea  would  admit  tha  right,  or 
acquiaacc  in  the  prartice,  of  the  opposite  party)  or  that  Great 
Biitain  wouU  m  unwiUing  to  rcatrain  her  cruiacra  from  a 
practice,  which  would  have  the  atroogeat  affect  to  defeat  the 
negotiation.**!  80  iust,  ao  raaaonable,  ao  Indiapenaable,  a  pre- 
liminary, without  which  the  citisena  of  the  United  Statea.  navi. 
gating  the  high  acaa,  would  not  be  pUced,  by  the  armiatica,  o« 
an  equal  footing  with  tha  aubjccta  of  Great  Britain*  admiral 
Warren  was  not  authorinad  to  accept)  and  the  effort  at  an  ami- 
cable adjuatmcnt,  through  that  channel,  waa  neceaaarily  abortive. 
But  (png  before  the  overture  of  the  Britiah  admiral  waa 
made,  (a  few  dliya,  indeed,  after  the  (declaration  of  war,)  tha 
rehwtance  with  which  the  United  ^tea  had  resorted  to  arma, 
waa  manlfbated  bv  the  eteps  taken,  to  arrest  the  progress  of 
hoatHitias,  and  to  hasun  a  reatoration  of  peace.  On  the  S6th 
of  Juna,  1811,  tha  American  charge  d'affaires,  at  London,  waa 
inatrUcled  to  make  the  propoaal  m  an  armiatica  to  the  Britiah 


•  8m  thi  tetter  of  adniM  Wmtoi.  to  tiM  Mcmary  of  MM.  4swd  M  HsMbs, 
tiM SOth of Smumbar,  Wi.  .  ^i 

t  8m  the  tetter  of  Mr.  Moum,  to  aimifsl  Wuiea.  dated  the  S7tb  ef  Oi^ 

bw,WI«.  .,  A.t?> 


*.i 


'  the  perttoni  or 
c  other  hamli  \t 
preceding  pro- 
M  BrUUh  tqua- 
liMd  tratMmd 
bjecttoafiirtlMr 
pcrfiiMnt  MCtde 
British  ftdailisl 
govsrvmaac,  •• 
i  the  commerce 
rbore  muI  watert 
•uch  revocation 
»,  the  orders  in 
govemmentf  at 
tncralpropoaition 
ncgouatiati  de- 
m  eteential  otiject 
M  a  basic  of  the 
Iritish  suMeeuIn 
id  Buust  but  ad- 
relief  from  actual 
mprcscmeot  pend- 
Aeccscarf  aonse- 
B  Uic  parties  were 
y  this  important 
mit  the  right,  or 
rtyt  or  that  Great 
r  cruisers  from  a 
feet  to  defeat  the 
ilisp«nsabU,apr«. 
nited8utea.aavi. 
I,,  the  armistice,  o«  I 
I  Britain,  admiral  I 
M  ef  ort  at  an  ami- 
rcessarily  abortive. 

ritish  admiral  was 
•tion  U  war,)  the 
I  resortad  to  arms, 
St  tha  pwgrsss  of 
ace.  On  the  Mtl 
...  at  London,  wm 
ttice  to  the  BriUsb 


40 

gDvcmment,  which  might  lead  to  an  a^justmettl  of  alt  dHfcr* 
ences,  on  tho  single  condition.  In  the  event  of  the  orders  in  coua* 
ell  baii^  repealed,  that  lestructions  should  be  Issued,  suspend* 
lag  tha  practice  of  imprewmeat  duringtha  armistice.  Thispro« 
p<Mal  was  soon  followed  hjr  another,  admitting,  laatead  of  pod* 
tlve  iastnictions,  an  infomal  uaderatanding  between  tha  tw» 
tovensaaala^on  tha  subject.*  But  both  of  thesa  proposals  wert 
unhappik  r^acted.f  And  when  a  third,  which  seemed  to  leavt 
■o  plea  for  hesliatioot  as  It  required  no  other  preliminary,  thaa 
that  the  American  minlsur,  at  London,  should  find  In  tna  Bri* 
tish  government,  a  sincere  disposition  to  accommodate  the  dif- 
ference, relative  to  impressment,  on  fair  conditions,  was  evaded. 
It  was  obvlotts,  that  neither  a  desire  of  peace,  nor  a  spirit  oi 
coadliation,  iniueoced  the  councils  of  Great  Britain. 

tJndci  these  circumstances,  the  American  government  ha< 
no  choice,  biK  to  invigorate  tha  wart  and  yet  It  has  never  loss* 
sight  of  tha  object  of  all  lust  wars,  a  just  peace,  'llie  emperor 
oTRiMsia  having  ofered  hia  medratioo.  to  accomplith  that  ob- 
ject, It  was  instantly  and  cordially  accepted,  by  the  American 
govemment4  but  it  was  peremptorily  rejected  by  the  British 
government,  llie  emperor,  In  his  bcnevolenca,  repeated  hIa 
Hivitationi  the  British  government  again  rejected  It.  At  hMt, 
however.  Great  Britain,  senKiblc  oi  the  reproach,  to  which 
such  conduct  would  eipose  her  throughout  Ktyvpe,  offered  to 
tha  American  government  a  direct  nc^atiation  for  peace,  and 
dia  offer  was  promptly  cmbracedi  with  perfect  confidence, 
that  the  British  gi»vemment  wcHild  he  equally  prompt.  In  giving 
affect  to  its  own  proposal.  Bu>  such  was  not  the  designi  or 
the  course,  of  that  ^>vemmcnt.  The  American  envoys  wsra 
Imosediately  appointed,  and  arrived  at  CkMtenburgh,  the  de- 
stined scene  uf  negotiation,  on  the  11th  of  April,  lUli,  as  soon 
as  the  season  admitted.  The  British  government,  though 
regulariy  Informed,  that  no  time  would  be  lost  on  tha  part  of 
the  United  States,  suspended  the  appolntasent  of  ita  envoys, 
twtil  ^  actual  arrival  of  the  American  eavc^s  should  be  for- 
■sally  «MBm«nicatcd.  Hiis  pretension,  however  novel  and 
hiausalctons,  was  not  permitted  to  obetruct  the  path  to  peace* 
The  British  government  nest  proposed  to  transfer  tha  ncgotia* 
tioo  ftt>m  Qottenburgh  to  Ghent.    This  change,  also,  nbtwlth- 


t, 


*  8m  tkt  iMtvra  from  the  tumatr  of  uut,  to  Mr.  Mmmt,  imti  the  tSth  of 
hm,  m4  t7tli  of  July.  l»:it. 

fV  '  tke  conwpoadMm  bttwoon  Blr.  Bemll,  and  laid  CaatlmBth,  iiDtA 
iui§^x  tat  Sopttwitor.  ISlKi  and  Mr.  RiumU'o  Immt*  to  tk*  mututifmvtam, 
flSiM  nopmnbor,  ISIx. 

I  fM  the  cwTMPoaJonce  bot««M  Mr.  Monroe  and  Mr.  Daiehkol^  la  i 


='5Wt>, 


"■^t 


#' 


1 


• 


I 


MMtdinf  th«  ntcfMary  dflay,  wm  •Howcrt.  The  American 
ctivovf,  •rrivlng  ti  OncM  on  the  S4ih  of  June,  rtmtkncd  in  ■ 
mon\(y\nm  •tnu  of  autptnM  ind  csptctailon,  lor  th«  arrival  of 
lh«  Brititn  envoyii,  until  the  Oih  of  August.  And  from  tho 
p«rio4  of  opening  the  ncaotiaiiona,  to  the  date  of  the  Um  J«< 
•Mtch  of  the  Slat  of  Octotwr,  it  haa  been  seen,  that  the  wlMtle  of 
ine  diplomatic  ahlil  of  the  Briiiah  ■ovemmcni,  haa  conai^tcd 
in  conaunaing  lime,  without  approaching  any  conclutlon.  'lYia 
pacification  of  PiM'ia,  had,  auddenly  and  unexpectedly,  placed 
•I  the  diapoaal  of  the  Briiiah  government,  a  great  naval  and 
military  lorcct  the  pride  and  paaainna  of  the  nation  were  art- 
fully excited  againM  the  United  Htatcai  and  a  war  of  dcapi  iat« 
nna  barbaroua  character  wan  planned,  at  the  very  momeiii  that 
the  American  govemmenti  finding  ita  maritim*'  t-i*lft«n«  relicv- 

Sthe  course  of  cvenu,  from  actual  tuferAncc,  under  tha 
:c  of  imprcMment,  had  authorized  ita  envoys  to  waive 
atipulntiooa  upon  the  aubjett,  which  mighti  otharwiae, 
have  been  indiaprnaabte  precautmna. 

Hitherto  the  American  govenment  haa  shown  tha  justice  of 
Itacatiaai  ita  respect  for  the  rights  of  other  naiionat  and  ita  in* 
bermt  love  of  peace.  But  the  srencs  uf  the  war^  will,  alao, 
exhibit  a  atriking  contrast,  between  the  conduct  of  the  United 
Stntra,  and  the  conduct  of  Great  Britain,  'llie  same  insidious 
policy,  which  taught  the  prince  regent  to  describe  the  American 
government  aa  the  aggreasor  in  the  war,  has  induced  the  Bri- 
tiah  BDvemaacnt  f  clouding  the  daylight  truth  of  the  transaction) 
to  caU  the  atrocities  of  the  British  fleets  and  armies,  a  retalia* 
tlon  upon  the  example  of  tha  American  troops  in  Canada,  llie 
United  flutes  tender  a  solemn  appeal  to  the  civilised  world, 
againtt  the  fabrication  of  such  a  charge)  and  they  vouch,  In  sup* 
port  of  their  aopcpl,  the  known  morals,  habiu,  and  purauits  of 
their  pcoplei  Uie  character  of  their  civH  and  political  institu* 
tions;  and  the  whole  career  of  their  navy  and  their  army,  as 
humnne,  ^^  it  is  brave.  Upon  what  pretext  did  the  British 
admiral,  on  the  ISth  of  Augustf  1814,  announce  his  determi* 
nation,  "  to  destroy  and  lay  waste  surh  towns  and  d^tricta, 
upon  tlte  caast,  aa  nsight  be  found  assailabla  V**    It  was  the 

Jiretext  of  a  request  frnp  the  governor  general  of  the  CaiMdaai 
or  aid  to  carry  into  eflect  measures  uf  retaliation)  while,  in  fact, 
the  barbnmus  nature  of  the  war,  had  baen  deliberately  settled 
and  prcacribed  by  the  Br itivh  ck'nnet.  What  could  have  bean 
the  loun^tion  of  such  a  request?  The  outrages,  and  the  irre* 
gularities,  which  to<i  often  occur  during  a  state  of  national  hoa* 
tilities,  in  violation  of  the  laws  of  civilized  warfare,  are  al* 
'  t  '  I. 

*  Sm  admiral  Cuchranc'tlctnrto  Mr.  Monroe,  dated  tbe  Ittth  of  Auf tub l>14t 
utd  Mr  Monroe'*  answer  of  the  6th  Sept.  1»14.  4 


•8m| 

the  4th  r 
tGeJ 
I  Sat] 

fht  Mth 


e  Amcrictn 
«m»lncd  In  • 
he  MrW«i  of 
Ind  from  th» 
f  the  tr,»  '•• 
\x  the  wVtitU  off 
Km  contW>wd 
clutWm.    •!'*»• 
cwdly,  p»«««^ 
r««t  navtl  •no 
«ton«rerc  •«• 
ir  o(  detpii»w 
y  muoMitv  ih«» 
c\'\%«M  r«Ucv- 
>nct,aadcr  Uw 
nvoyi  to  wa>vo 
(lit,  oihtrwitc, 

fi  tht  ju»iU«  of 
oMi  •nd  U»  in- 
w.r,  Witt,  n^w, 
ct  of  the  Uniwd 
«»m«  iotWlou. 
beihcAmerkwi 
nduced  «he  llrt- 
th«  traoM»eW«») 
■mitt,  •  ««"}'•• 

civili«ed  world, 
(y  vonch,to»«P: 
k,  tod  purtuiu  of 
polUkiti  in****"- 
i  ih^irwrnyM 
did  the  Driuth 
ice  hii  determi" 
,  and  dittricu, 
!♦'♦  It  WM  to« 
iiofthtCM»«l«»» 
ionjwhiU,inf««»j 
lelibcrately  •««•«<» 
could  have  be«n 
,M»,  and  the  irre- 
*  of  national  ho^ 
warfare,  w""" 


wap  to  b«  lamanted,  dUavowfd,  and  rcfMlrcd,  br  a  hut  and 
honorable  governmenti  but  if  disavowal  be  made,  and  if  repara- 
tion be  uflerfd,  there  la  no  foundation  for  retaliatory  violence. 
"  Whatever  uimuthorlsed  Irrrfnilariiv  may  have  been  commit- 
ted ky  any  of  tht  troopa  of  the  tnited  Btatee*  the  Americnn  go* 


vemmcnt  haa  been  read/,  upon  principlea  of  eacrtd  and  eternal 
obligatlttn,  to  ditavowi  and,  aa  far  as  it  miKht  be  practicable, 
to  rapolr.'**  In  every  known  Inaunca  (and  they  are  few)  ih« 
offrndera  havt  been  aubjected  to  the  regular  Investigation  of  n 
military  tribunal)  and  an  oftc^r,  commanding  •  party  of  atrac- 

Siera,  who  were  guilty  of  unworthy  exc««^ea,  was  immediately 
Umlseed,  without  the  form  of  a  trial,  for  not  preventing  thoeo 
eaceweea.  Hie  deatruction  of  the  vtllaga  of  Newark,  aqjacent 
to  Fort  Oeorge,  on  the  10th  of  December,  IIIS,  wae  long  tub* 
aequeni  to  the  pillage  and  conflagration  committed  on  the  ihorea 
of  the  Chesapeake,  throughout  the  sumnncr  of  the  same  yeari 
■nd  might  fairly  have  been  alleged  as  a  retaliation  for  thosO 
outrages)  l)ut,  in  fact,  it  waa  Justified  by  the  American  coa»* 
mander,  who  ordered  it,  on  the  ground,  that  h  became  necea* 
aary  to  the  miliury  operations  at  that  placaif  while  the  Ameri- 
can government,  as  soon  as  it  heard  of  the  act,  on  the  6th  ol 
January,  INI  k,  instructed  the  general  commanding  the  norrhetn 
army,  •*  to  disavow  the  conduct  of  the  oAccr  who  committed 
lt|  and  to  tranemit  to  governor  Prevost,  a  copy  of  the  order, 
under  color  of  which  that  oficer  had  acted.'*!  Thia  disavowal 
was  accordingly  communicated)  and  on  th«  10th  of  February, 
lOH,  governor  Prevost  answered,  ^*  that  it  had  been  with  great 
aatisfaction  he  had  received  the  asaurancc,  thatthe  perpetration 
ofthebumingof  the  town  of  Newark,  was  both  unauthoriicd 
by  the  American  government,  and  abhorrent  to  every  Ameri* 
can  feeling)  that  if  any  outrages  had  ensued  the  wanton  and  un- 
justifiable destruction  of  Newark,  passing  the  bounds  of  iust 
retaliation,  they  were  to  be  atuibuied  to  the  infliience  of  irri- 
tated paaeions,  on  the  part  of  the  unfortunate  sufferers  by  that 
event,  which,  in  a  state  of  active  warfare,  it  has  not  been  pos- 
sible altogether  to  restraint  and  that  it  was  as  little  congrnial  to 
the  dispoaition  of  hit  majeaty's  government,  as  it  wan  to  that  of 
the  govomment  of  the  U.  8tates,deliberatf  ly  to  adopt  any  {dan  of 
policyt  which  hadfor  its  object  the  dev  i!it;ttton  of  private  proper- 

*  Sm  tiM  Icittr  from  the  Metetsry  st  wsr  to  brigwlitr  f ciwrtl  M'Lsn,  dat«4 

the  4ik  of  OciolMr,  ISIS. 
t  GtiMTtI  M'Lura'i  Ictmt  to  the  Mcretmry  st  wsr.  diitcd  Dtc  10  uid  13,  I81X 
i  Sm  iht  Ititer  fram  (ht  »<ct«t«ry  st  war,  to  m>|m  Mmral  WUkimoa.  4sted 

rlMMtharJsmiaiy,  Ills. 


•4* 


■*'■  ■■  ■ 


I 

I 

1 


'. 


l} 


*,%! 


i^toA 

^W 


tt 


6li 

ty.***  But  the  dtuvewiil  of  the  Ancricm  government  was 
not  the  only  expiation  of  the  offence  comanittca  by  its  oScer( 
lor  the  British  government  assumed  the  prpvince  of  redress  in  the 
indulgence  of  its  own  venseance.  A  few  dajrs  after  the  burning  of 
Newark,  the  British  and  Indian  troops  crossed  theNianra,for 
this  purpose}  they  surprised  and|seited  Port  Niagara,  and  put  ita 
farnson  to  the  swordt  they  burnt  the  vUlaoes  of  Lewistown^Maa* 
chestciT,  T\iscaroni|  Buialo,  and  Bkck  Bocki  slaughtering  and 
abusing  the  unarmed  inhabitants!  until,  in  aliort,  they  had  laid 
waste  the  whole  of  the  Niagara  frontier^  Icvdling  every  house 
andevery  hut,  and  dispersing,  beyond  the  means  of  shelter,  in 
the  extremity  of  the  winter,  Uie  male  and  the  female,  the  old 
and  the  young.  Sir  George  Pirevost  himself  appears  to  have 
been  sated  with  the  ruin*  and  die  havoc,  which  had  been  thus 
inflicted.  In  his  proclamation  of  the  Itth  of  January,  1  Stir,  he 
emphatically  declared,  that  for  the  burning  of  Newark,  » the 
epportunity  ol  punishment  had  occurred,  and  a  full  measure  of 
remliadon  hiid  taken  place)'*  and  **  that  it  was  not  his  intention 
to  pursue  further  a  system  of  warfare  so  revolting  to  his  own 
feelings,  and  so  little  congenial  to  the  British  character,  unless 
the  future  measures  of  the  enemy  should  compel  him  again  to 
resort  to  \t."i  Nay,  with  his  answer  to  the  American  general, 
already  mentioned,  he  transmitted  **  a  copy  of  that  proclama* 
tion,  as  expressive  of  the  determination,  as  to  his  future  line  of 
conduct;'*  and  added,  **  that  he  wan  happy  to  learn,  that  there 
was  no  probability,  that  any  measures  on  the  part  of  the  Ameri* 
can  government  would  oblige  him  to  depart  mm  it."|  M^here* 
dien,  shall  we  search  for  the  foundation  of  the  call  upon  the  Bri- 
tish admiral,  to  aid  the  governor  of  Canada  in  measures  of  reta- 
liation? Great  Bri:«in  forgot  the  principle  of  retaliation,  when 
her  orders  in  council  wcro  issued  against  the  unoffending  neu* 
tni,  in  resentment  of  outrages  committed  by  her  enemy;  and 
aurely,  she  had  again  forgotten  the  same  principle,  .when  she 
threatened  an  unceasing  violation  of  the  lawjs  of  civilised  war- 
ftre,  in  retaliation  for  injuries,  which  never  existed,  or  which 
tile  American  government  had  explicitly  disavowed,  or  which 
liad  been  already  avenged  by  her  own  arms,  in  a  manner  and  a 
idegree,  cruel  and  unparalleled.  The  American  government, 
after  all,  has  not  hesitated  to  declare,  tiiat  "for  the  reparation 
of  injuriea.  of  whatever  nature  they  may  be,  not  sanctioned  by 

*  8Mlk«  htm  of  major  gamni  Wilkiaion»  to  sir  George  Pravott,  dated  the 
tSth  of  Jwivary,  1814,  and  the  anawcr  of  sir  Goom  nevoit,  dated  the  lOth  of  I 
Fcbruaiy,  I&14. 

t  See  air  Gootm  IVmott's  pnclaimtioa,  dated  at  Qmbeci  the  12th  of  Janua- 
»y,  "I*.  , 

1  See  the  tetter  of  sir  George  PMvott  to  getwn!  Wilklnion,  dated  the  lOth  ofl 
P^niary,  iai4|  tad  the  Briinh  fnicial  oideni  of  the  28d  of  Febiuar)r.  1814. 


*...S 


*^- 


J5... 


ft 


rernroent  wa« 
ay  its  officer; 
FredrcMlnthe 
the  burning  of 

btNingiWtfo' 
m,  Mid  pot  Its 
wittowoiMMi* 
lughtcring  and 
.they had  Utd 
ig  every  house 
Kofahelter,  in 
emale,  the  old 
>pears  to  have 

had  been  thus 
mary,  181*,  he 
Newark,  « the 
full  measure^  of 
K>t  hia  intention 
ting  to  his  own 
laracter,  unlesa 
e1  him  again  to 
nerican  general, 

that  proclamap 
his  future  line  of 
learn,  that  there 
irt  of  the  Ameri* 
>m  it."t  ^here, 
call  upon  the  Bri- 
aeasures  of  reta* 
retaliation,  when 
unoffending  neu* 
her  enemy;  and 
aciple,  .when  the 
of  caviliaed  war- 
existed,  or  which 
ivowed,  or  which 
n  a  manner  and  a 
ican  government, 
for  the  reparation 
not  sanctioned  by 

Tge  Pircvott,  dated  the 
svott.  dated  the  10th  of 

kee,  tiM  12ih  of  Janus* 

iMon,  dated  the  10th  of  | 
dofFcbiuary.lStV 


the  law  of  nations,  which  the  mlliury  or  naval  force  of  either 
power  might  have  committed  against  the  otherv  it  would  al« 
wave  be  ready  to  enter  into  reciprocal  arrangemcnu;  presuming 
that  the  Britith  government  would  neither  expect^  nor  propose, 
any  which  were  tmt  reciprocaL'** 

It  is  now,  however,  proper  to  examine  the  character  of  the 
warfare,  which  Great  Britain  has  waged  against  the  United 
Sutea.    In  Europe,  it  has  already  been  marked,  with  astonish- 
ment  and  indignation,  as  «  warfare  of  the  tomahawk,  the 
scalping  knife,  and  the  torch;  as  a  warfare,  incompatible  with 
the  usag«s  of  civilised  nations;  aa  a  war&re,  that,  disclaiming 
all  mural  influence,  inflicts  an  outrage  upon  social  order,  and 
gives  a  ahock  to  the  very  elements  of  humanity.    All  belligerent 
nations  can  form  alliances  with  the  savage,  the  African,  and 
the  bloodhound:  but  what  civilized  nation  has  selected  these 
auxiliaries,  in  its  hostilities?    It  does  not  require  the  fleets  and 
armies  of  Great  Briuin,  to  lay  waste  an  open  country;  to  bum 
unfortified  towns,  or  unprotected  villages;  nor  to  plunder  the 
merchant,  the  fiirmer,  and  the  planter,  of  his  stores:  these  ex* 
ploits  may  easily  be  achieved  by  a  single  cruiser,  or  a  petty 
privateer;  but  when  have  such  exploits  been  performed  on  the 
coasts  of  the  continent  of  Europe,  or  of  the  British  islandst  by 
the  naval  and  military  force  of  anv  belligerent  power;  or  when 
have  they  been  tolerated  by  an^  honorable  government,  as  the 
predatory  enterprise  of,  armed  mdividuals?      Nor,  is  die  de- 
struction of  the  public  edifices,  which  adorti  the  metropolis  of  a 
country,  and  serve  to  codtmemorate  the  taste  and  science  of 
the  age,  beyond  the  sphere  of  action  of  the  vilest  incendiary^ 
as  wul  as  of  the  most  utumphant  conqueror.    It  cannot  be 
forgoitten,  indeed,  that  in  the  course  often  years  paat,  the  capi- 
tals of  die  principal  powers  of  Europe  have  been  conquered, 
and  occupied  alternately,  by  the  victorious  armies  df  each 
odier;t  Md  yet,  there  has  been  no  instance  of  a  canflajgratioa 
of  the  palaCiat  the  temples,  or  the  halla  of  justice.    No:  such 
examples  have  proceeded  from  Chrvat  Britain  alone: ,  a  nation  so 
elevated  in  its  pride;  so  awful  in  its  power;  and  so  affected  in 
its  tepdemeas,  tor  the  liberties  of  mankind!    The  charge  is  se> 
ver«i^,  but  let  the  fiKts  be  adduced. 

1.  Great  iftritain  haa  violated  the  principles  of  social  law, 
by  insidious  attempt*!,  to  excite  the  citizens  of  the  United 
States  into  acts  of  contumacy,  treason,  and  revolt^  agmnst  their 
government.    For  instances 

*  See  Mr.  Monroe's  kttcr  to  adminl  Cochraaa,  dated  tha  6th  ef  September, 

t  Sec  Mr.  Moimc's  letter  to  adndnl  Cochtam,  dated  t^  6th  of  September 
1»W.  i.     «  .       -      ...  .    .     .      *,^ 


V. 


^Sr 


-t,  If 


#  /-t 


% 


«*^-     ■.-'»*>M>fc«^.  A..VM 


H 

No  soonf  r  htd  tht  American  gnvernment  impoacd  the  re* 
«trictiye«yi.tem  upon  its  citiscnt,  to  escape  from  the  rage  and 
depretlauon  of  the  bcltiprerent  powera,  than  the  British  govern- 
ment, then  protessing  amity  towards  the  United  States,  issued 
an  order,  which  was,  in  effect,  an  invitation  to  the  American 
citizens  to  break  the  laws  of  their  countrj-,  under  a  public  pro- 
mise of  British  protection  and  patronage,  •'  to  all  vessels,  which 
ahould  engage  in  an  illicit  trade,  without  bearing  the  cttttomary 
ahin's  documenu  and  papers."^*  , 

Again:  Durin(^  i  period  of  peace,  between  the  United  States 
and  Ckcat  Britain,  in  the  year  1«09,  the  governor  general  of 
the  Canadas  employed  an  agent  (who  had  previously  been  en- 
Imaged,  in  •  similar  service,  with  the  Itnowledge  and  approba* 
tion  of  the  British  cabinet)  "  on  a  scdret  and  confidential  mis. 
sion,"  into  the  United  States,  declarlnf,  "that  there  was  no 
doubt,  that  hit  able  execution  of  such  a  mission,  would  give 
him  a  claim,  not  only  on  the  governor  general,  but  on  his  mv 
festy's  ministera."    The  object  of  tha  mission,  was  to  ascer- 
tain,  whether  there  existed  a  disposition  in  any  portion  of  the 
citiiena,   **  to  bring  about  a  separation  of  the  eastern  sutea 
from  the  general  unioni  and  how  far,  in  auch  an  event,  they 
would  look  up  to  England  for  awistance,  or  be  disposed  to 
enter  into  «  connexion  with  her.*'    The  agent  was  instructed 
*•  to  insinuate,  that  if  any  of  the  citizens  should  wish  to  enter 
into  a  communication  with  the  Britiah  government,  through 
the  ^vemor  general,  he  was  authorixed  to  receive  such  com- 
rounicxtion;  and  that  he  would  safely  transmit  it  to  the  gover- 
nor general  "t    He  was  accredited  by|p  formal  instrument,  un- 
der the  seal  and  signature  of  the  governor  general,  to  be  pro- 
duced, "if  he  saw  good  ground  for  expectine,  that  the  doing 
•omi^tteadto  a  more  confidential  communication,  than  he 
could,  otherwise,  look  for;"  and  he  was  furnished  with  a  cipher, 
"  for  carrying  on  the  secret  correspctadence.f    The  virtue  and 
patric^sm  of  the  citizens  of  the  United  Sutes,  were  superior 
to  the  aru  and  corruption,  employed  in  this  secret  and  confi- 
dential misaton,  if  it  ever  was  disclosed  to  any  of  them;  and 
the  mission  itself  terminated,  as  soon  as  the  arrangement  with 
Mr*  Erskine  was  annoimced  \    But,  in  the  act  of  recalling  the 
secret  emissary,  he  was  informed,  *<  that  the  whole  of  his  let- 
ters were  transcribing  to  be  sent  home,  where  tfiey  could  not 

*  See  the  iiiMnictioiu  to  the  coramuden  of  Britisk shipt  of  wsrmd  ni«B- 
tM».  dated  the  11th  of  Aord,  1808. 

t  See  the  tetter  from  Mr.  Ryluid,  the  tecretiUT  of  die  fovemor  nnanL  t* 
Mr.  Hcwjr,  dlttd  the  86th  af  Juiiiwy,  1809. 

]  Sre  the  letter  of  sir  Jamet  Cmir,  to  Mr.  Henrjr,  dated  Fcbnunr  6, 1809. 
i8«theiaiBetetter.  udMr.ft^kuid'sletterof  tteSfithof  Januuy,  I80». 


11 


m 


f 


,*  »j 


,<f' 


JS*i- 


mpOMd  the  rt* 
>m  the  rage  and 
British  govern- 
i  Stiteg,  Uiurd 
>  the  American 
er  a  public  pifto« 
veateli,  which 
;theetittomarx 

i  United  States 
mor  general  of 
iouely  been  en* 
e  and  approba* 
>a(idential  mis- 
M  there  was  oo 
n«  would  give 
but  on  his  lav 
was  to  ascer- 
portlon  of  the 
eastern  sutea 
an  event,  they 
e  disposed  to 
iras  instructed 
I  wish  to  enter 
nentt  trough 
ive  such  com- 
:  to  the  gover- 
nstrument,  un- 
al,  to  be  proo 
that  the  doing 
ition,  than  he 
with  a  cipher, 
rhe  virtue  and 
were  superior 
ret  and  con<i« 
of  them;  and 
ngement  with 
if  recatlinig  the 
ole  of  his  let- 
hey  could  not 

of  warmd  privs- 

iremor  gsMnl,  w 

mury  6, 1809. 
January,  180^. 

"A  -  ■  * 


6§ 

fail  of  doing  him  great  ^edit,  and  it  was  hoped  they  might 
eventually  contribute  to  his  permanent  advantage."*  To  endea- 
vor to  realise  that  hope,  the  emissary  proceeded  to  Loivdoni  all 
the  circumstances  of  his  mission  were  made  known  to  the  Bri- 
tiih  minister;  hb  services  were  approved  and  acknowledged} 
Slid  he  wu  lent  to  C^ada,  for  a  reward}  with  a  recommeada* 
tory  Imtm-  from  lord  Livsirpool  to  sir  George  Prevost,  *•  stating 
his  lotdabip*s  opinion  *»(  the  ability  and  Judgment  which  Mr. 
Henry  had  manifested  oo  the  occasions  mentioned  in  his  memo- 
rial, (his  secret  and  confidential  missions,)  and  of  the  benefit  the 
public  service  mij|ht  derive  from  his  active  employment,  in  any 
public  situation,  in  which  sir  George  Prevost  might  think  pro* 
pi^r  .^  pluire  him."t  The  world  will  iudgt  upon  these  facts, 
kiA  :-■  r^4*etion  of  a  parliamentary  call,  for  tfie  production  of 
the  c  relating  to  them,  what  credit  is  due  to  the  prince 
regc  ..u  ^»ertion,  **  that  Mr.  Henry's  mitoion  was  undertaken, 
without  the  authoritjr  or  even  knowledge  of  his  majesty's  go* 
vernment.**  The  first  mission  was  certninly  known  to  the 
British  government,  at  tht  time  it  occurred}  for,  the  secretary 
c«  the  governor  general  expresslv  sutes,  "that  the  inforroatioo 
and  political  obscrvarionn,  heretofore  received  from  Mr.  Heniy, 
were  transmitted  by  his  excellency  to  the  secretary  of  statc^ 
who  had  expressed  his  particular  approbation  of  them}**|  the 
second  mission  was  approved  when  it  was  knowni  and  it  re- 
mains for  the  British  government  to  explain,  upon  any  cst»> 
biishcd  principles  of  moratiM'  andjusUce,  the  esscnttal-dilfer- 
encc  between  ordering  the  offensive  acts  to  b*  done;  and  reap, 
ing  the  fruit  of  those  acts,  without  eitiier  expressly,  or  tacidy, 
condemningthem. 

Again:  These  hostile  auempta  upon  the  peace  and  imioa  of 
the  United  States,  preceding  the  decbruton  of  war,  haw  been 
.followed  by  aimilao-  nsachinatioos,  suibsequent  to  that  event. 
Ttit  sovcmor  general  of  the  Cnnadas  has  endeavored,  occa- 
sionally, in  his  procUmations  and  general  orders,  to  dlsttitadf 
the  miUtia  of  the  United  States,  from  the  performance  of  the 
duty,  which  theyowed  to  their  injuivd  country}  and  the  dforu, 
at  Quebec  and  Bali&z,  to  kindle  the  flame  of  ctvU  war,  have 
teen  as  ucesaant,  aa  they  have  been  insidioua  and  abortive. 
Nay.  the  governor  of  the  island  of  fiarbodoes,  totally  foraeiM 
of  the  boasted  artida  «f  the  British  magna  charta,  m  bmx  of 
foreign  nserchanu,  found  within  the  Briush  di>miiH«M»  upon 

•  S"  J^- *y^*»  •««».  d««*  U«  3601  «f  iliM.  )S09. 
raiH^lm«lhi«latdLiv«i]Mal(9tirCk«aa  Pmmm.  «bi(4 the  iCtkaf 

IsililV.  Kyhad't  kntt of  tbcMtk ef  Jaamj,  1«09.  4  \^ 

-'  %,  .-.-■■        "    Mk  -  -     •    ■     •  *  ••■'^# 


m 


m 


i-**. 


-5siii.- 


the  breaking  out  of  hotUUtiM,  resolved  tluit  ever^  American 
merchant*  within  hi*  jurladieiton  at  dif  declaration  of  war, 
•hould,  at  once,  be  treated  as  a  prisoner  of  wari  because  every 
^aen  of  the  United  States  was  enrolled  In  the  anilUia}  because 
the  nllitia  ^  the  United  Sutes,  were  r«<ittired  to  serve  their 
tomtry,  beyond  the  Umia  of  the  siatet  to  which  they  particu- 
Urly  beloogedr  ami  because  the  militia  of  **  all  the  states, 
which  had  needled  to  this  measure,  were,  b  the  view  of  itir 
George  Beckwith,  acting  as  a  French  conscription*** 

Agvin:  Nor -was  this  course  of  conduct  confined  to  the  colo- 
nial authorities.  On  the  Mth  of  October,  16l!l,  the  British 
government  issued  an  order  in  council,  auihoricing  the  go- 
vernors of  the  British  ^est  India  islands,  to  grant  licenses  to 
AmcricMk  vessels,  for  the  imporution  and  exportation  of  certain 
articles,  enumerated  in  the  orderj  but,  ib  the  instructions, 
which  accompanied  the  order,  it  was  expres»ly  provided,  that 
**  whatever  importations  were  proposed  to  be  made,  Irnm  the 
United  States  of  America,  should  be  by  licenses,  confined  to  tho 
ports  in  the  eastern  states  exclusively,  unless  there  was  reason 
to  suppose,  that  the  object  of  the  order  would  not  be  fulfilled,  If 
Ucenses  wero  not  granted,  for  imporutions  from  the  other  ports 
in  the  United  8tates.'*t 

The  president  of  the  United  States  has  not  hesitated  to  place 
before  the  natiofi,  with  expressions  of  a  Just  indignation,  '*the 
poUcy  of  Ckeat  Britain  thus  prbclaimed  to  the  world)  intro- 
ducing into  her  modes  of  warfare,  a  system  equally  distin- 
guished by  the  defermi^  of  Its  features,  and  Uie  depravity  of 
Itt  character}  and  having  for  its  objeet,  to  dissdve  the  ti^s  of 
•llepance,  and  the  sentiments  of  loyalty,  in  the  adverssry  na- 
tion) and  to  seduce  and  separate  iu  component  parts,  the  one 
from  the  other.*»| 

S.  Great  Britain  has  violated  the  laws  of  humanity  and  honor, 
by  seeking  alliances,  in  the  proaecudon  ;>f  die  war|  with  sava- 
ges, pirates,  and  daves. 

The  British  agency,  in  exciting  the  Indians,  at  all  times,  to 
commit  hoetilitiesupon  the  frontier  of  the  United  States,  is  too 
notorious,  lo  admit  of  a  direct  and  general  denial-  It  has  some- 
times, however,  been  said,  that  such  conduct  was  unauthorised 
by  the  British  government;  and  the  prince  regent,  seizing  the 
single  instance,  of  an  indmation,  aUifBd  to  oc  given,  on  the 

•  8m  tiw  fcmurktMe  »wt  nqwr,  iMMd  by  fovtrnw  B«ckwkh,  «t  Butadoct., 

onthe  Wthof  November,  ISW.  ^^^v,aw^i 

t  Set  the  praduBstkm  of  the  governor  of  Bemnit,  dsttd  dw14ih  ofasttO' 

WTf  191«(  iM  Hm  iiistractioM  from  the  Mtab.  ttemmj  for  fimifii  sTstK, 

d»wd  November  9,  WW.  ^     ^  .   «.  w    *  w-v 

1  See  the  mtmn  from  the  pre*idcnt  to  cengrtu,  dttsA  the  IIUi  of  Tt^mmty, 

1S13. 


•». 


•ver^  American 
[•ration  of  WMr» 
I  bce«ute  every 
milUic}  becmiM 
sd  to  serve  their 
Ich  they  perticu- 
»*atl  the  eMtee, 
the  view  of  »ir 
tlon»»» 

ned  to  the  colo- 
6l!l,  the  British 
hori«ingthe  go* 
grant  licensee  to 
rtalloQ  of  certain 
the  instructions, 
f  provided,  thst 
medc)  Imm  the 
t«  confined  to  the 
iiere  was  retson 
tot  be  fulfilled,  if 
n  the  other  p«rts 

ktitsted  to  (dace 
idignation,  **the 
ihe  world)  intro* 
i  equally  distin* 
the  depravity  of 
ksdve  the  tt7S  of 
le  adversary  na* 
at  partSf  tiic  one 

lanity  and  honor, 
war|  with  sava* 

,  at  all  times,  to 
Ited  States,  is  too 
lial-  It  has  some* 
vas  unauthorised 
gent,  seizing  the 
oe  given,  on  the 

Bkwkh,  «t  BMfUdocfc. 

Md  dw  14th  of  iuta* 

ry  tot  fuitl|U  MHuK, 

the  llth  «f  Fffhvwiy. 


67 

pan  of  >lr  James  Craig,  the  governor  of  the  Canadas,  that  ai 
attack  was  meditated  by  the  Indians,  has  allirmcd,  ihui  ••  ,hc< 

.h!7f-.    ifi""'"fi^'''*  ''?'!'""»  *"  "«*''"''^«   measures  agulnal 
the  Cnited  Statea,  wa»  void  of  foundation,  that,  before  the  war 

•«f  !^'  f  P    '7  the  moat  opposite  had  been  uniformly  pursutd, 
and  that  proof  ot  thu  was  tendered  by  x\Ir.  Foster  to  the  Aine. 
man  government."*    But  is  it  not  known  in  Europe,  as  well 
as  in  America,  that  the  British  Northwest  Company  maintain 
a  constant  intercourse,  of  tradf,  and  council,  with  the  Indian,; 
that  their  interests  are  often  in  direct  collision  with  the  interests 
ot  the  inhabitants  of  the  United  States,  and  that  by  means  of 
the  mimical  dispositions,  aad  the  active  agencies,  of  the  com- 
panv  (seen,  understood,  and  tacitly  sanctioned  by  the  local  au- 
thonties  of  Canada)  all  the  evils  of  an  Indian  war  may  be  lUied 
tipon  the  United  States,  without  the  authority  of  a  formal  or- 
aer,  emanating  immediately  from  the  British  government? 
Hence,  the  Ainerican  government,  in  answer  to  the  evasive 
protestations  of  the  British  minister,  residing  at  Wushington, 
frankly  commumcated  the  evidence  of  British  agency,  whi.  h 
had  been  received,  at  different  periods,  since  the  year  1807:  and 
obwrved,     that  whatever  mav  have  been  the  disposiiion  of  the 
British  government,  the  conduct  of  its  subordinate  agents  had  ' 
tended  to  excite  the  hostility  of  the  Indian  tribes  towards  the 
united  States;  and  that  in  estimating  the  comparative  evidence 
on  the  subiect,  it  was  .  Kiposiible  not  to  recollect  the  comrauni. 
cation  lately  made,  respecdog  the  conduct  of  sir  James  Craia, 
m  another  important  transaction  (the  employment  of  Mr.  Hen' 
ry,  as  an  accredited  agent,  to  alienate  and  detach  the  citizens 
°*  •.?•?"»•="'»'  «e«ion  of  the  union,  from  their  government^ 
which,  It  appeared,  was  approved  by  lord  L!verpool.»»t 

The  proof,  however,  that  the  British  agents  and  military  of. 
ficers,  were  guilty  of  the  charge,  thus  exhibited,  become  con. 
elusive,  when,  aiibsequent  to  the  communication,  which  was 
made  to  the  British  minister,  the,  defeat  and  flight  of  geueral 
ftx>ctorVarmy,  on  the  of  placed  in  th^S 

session  of  the  Amencan  commander,  the  correspondence  and 
papers  of  the  British  officers.  Selected  from  the  documents. 
which  were  obuined  upon  that  occasion,  the  content*  of  a  few 
letters  wiU  serve  to  characterize  the  whole  of  the  mass.  la 
these  fetters,  writteg|y  Mr.  M'Jgee,  the  BriUsb  agem,  to  co- 

•'""  "  '  "  — ^— ._X1— .— —  ...  .     .  -  II  [        .-1  ■ 

t  See  Mr.  Monn^tter  to  ftlr.  Foster,  dated  the  10th  of  Jiine,  181«. 


f 


i 
I 


iooel  England,  the  commander  of  the  Britith  troooe,  super. 
icHbed,  '^on  hi.  «.je.ty's  .ervice.'  '"^ dated  dunn.  d.c  n^^n^^ 
of  July  and  Augiwi,  179*.  the  period  of  general  Wayne  a  luc- 
cesiful  expedition  again.t  the  Indians,  it  appeara,  that  the  acalpa 
taken  by  the  InUian*  were  sent  to  the  Brit Uh  eattbhshment  at 
,he  rapid,  of  the  Miami;*  that  the  hostde  OP*™""""-/^**^* 
Indian,  were  concerted  with  the  Briti.h  a^entt  and  ofice,  nf 
that  when  certaia  tribe,  of  Indian,  "having  completed  thi 
!,elt.  they  carried  with  scalp,  and  priwnera,  and  being  without 
provision.,  reaolved  on  going  home,  it  7»*  »«"»«'?»^**»  *1"  ?" 
maie.ty'.  po»t.  would  derive  no  .ecunty,  from  the  late  great  in- 
flux  of  Indian,  into  that  part  of  the  country,  t»»««W  «n«y  PJ"" 
«i8t  in  t:.eir  resolution  of  7»»'n»«?^»9»°<»°»^, *?,,,*/ 
British  agent,  were  immediately  to  hold  a  council  at  the  Olaxe, 
in  order  to  try  if  they  could  prevail  on  the  I^ke  Indian,  to  re- 
main;  but  that  without  provision,  and  ammunition  being  .ent  to 
that  place,  it  wa.  conceived  to  be  extremely  difficjdt  to  keep  them 
iogether;"i  and  that  "colonel  England  waa  "»aking  great  exer- 
tion.  to  supply  the  Indiana  with  provi».on..»||    But  the  Ian- 
KuaKc  of  the  correapondencc  become.,  at  length,  «o  plain  and 
direct,  that  it  .eem.  imposaible  ^  avoid  the  concluaion  of  a 
govtmmental  agency,  on  the  oart  ol  Great  Britnm,  in  •dv'.mg. 
Siding,  and  conducting,  the  Wian  war,  while  •h«  P'«"^^ 
friendship  and  peace  toward,  the  United  State..    "  »«>»»»•'• 
sent,  (say.  Mr.  M'Kee.  to  colonel  BogUmd,)  to  view  the  .itu^ 
tionof  the  American  army;  and  w  now  mtuter  <"»« '*«?««» 
Iiubans.  All  the  Lake  Indian.,  from  buganadownwarda,  rfiould 
not  lose  one  moment  in  joining  their  brethren,  a.  eveiy  acces- 
sion of  atrtogth,  t.  an  addition  to  their  .pintt.'f    And  again. 
"  I  have  been  employed  aeveral  day.  in  endeavoring  to  «ix  Uie 
Indian.,  who  have  been  driven  from  their  village.  •«»dc°T 
fields,  between  the  fort  and  the  bay.    Swan  creek  «  l^"'"*/ 
aereed  upon,  and  will  be  a  very  convenient  place  for  the  deli- 
very  of  pVovi.iona,  &c."*«  Whether,  under  the  vanou.  proof. 
r  f.    W-.:.t .  ' ..  :.  ...w;«»  imllan  hofttilitie.  asaw.t  the 


uic  present  narrative,  the  prince  regent 

fore  the  war  began,  a  policy  the  mo»t  opposite  had  been  um. 

•  See  thm  letter  from  Mr.  M-Kee  t?  colonel  £n|^.  <>»ted  the  «d  of  Ju'f' 

*  t  See  the  letter  from  the  Mwne  to  the  same,  dated  tie  9«>i  •S  Jaly,  1794.^ 
^  See  the  lame  Utter.  ' ' 

^  See  the  same  letter.  '  ^    ,_^ 

ij  I^SenTrfrS^m  Mr.  M-Kee  tocolond  tin^^ni.d^t^the  ISthof  Au- 
*^"»  See  the  letter  from  the  wme  to  the  $amc,  dated  th.||^h  of  August,  17M- 


M>mi  luper- 
g  tnc  months 
'ayne'ft  sue* 
lat  the  scalp* 
blithmcnt  at 
itioot  vf  the 
nd  officer  tf 
mpleted  thi 
eing  without 
ued,  that  hu 
late  great  iii' 
kid  theyper- 
;   that   "the 
It  the  Glaze, 
ndiant  to  re> 
being  sent  to 
to  keep  them 
great  exer- 
Jut  the  Ian- 
so  plain  and 
iclttsion  of  a 
,  in  advising, 
he  professed 
M  Scouts  arc 
iew  the  situa* 
one  thotuand 
irardst  should 
I  every  acces- 
[    And  again: 
ring  to  fix  the 
l^s  and  com- 
ic is  geuerrfly 
:  forthedcli- 
various  proofs 
es  against  the 
the  course  of 
on,  that,**  be- 
ad been  uni- 

d  the  8d  of  Julf. 
f  Jaly,  17M. 


id  the  IStbof  Au- 

l»  of  August,  179*- 


formly  pursued,"  by  the  British  government,*  is  to  be 
ascribed  to  a  want  of  information,  or  a  want  of  caiulor,  ilu* 
Americ<«ii  government  is  not  disposed,  more  particularly,  to  in- 
vestigate. .     . 

But,  independent  of  these  causes  of  just  rompUmi,  ..^smgin 
a  time  of  peace,  it  will  be  found,  that  when  the  war  was  declar. 
ed,  the  alliance  of  the  British  government  with  the  Indians, 
was  avowed,  upon  principles,  the  most  novel,  producing  conse- 
quences the  most  dreadful.  'Hie  savages  were  brought  mto  the 
war,  upon  the  ordinary  footing  of  allies,  without  regard  to  the 
inhuman  character  of  their  warfare}  which  neither  spares  age, 
nor  sex{  and  which  is  more  desperate  towards  the  captive,  at 
the  suite,  than  even  towards  the  combatant,  in  the  field.  It 
seemed  to  be  a  stipulation  of  the  compact  between  the  allies, 
thatthe  British  might  imiute,  but  should  not  control,  the  fe- 
rocity of  the  savages.  While  the  British  troops  behoid,  with- 
out compunction,  the  tomahawk  and  the  scalping  knite,  bran- 
tlished  against  prisoners,  old  men  and  children,  and  even  against 
pregnant  womeot  and  while  they  exultinglj',  accept  the  bloody 
scalps  of  the  slaughtered  Americanssf  the  Indian  exploits  in 
battle,  are  recounted  and  applauded  1^  thfj  British  general  or- 
ders. Rank  and  station  arc  assigned  to  them,  in  the  miliUry 
movements  of  the  British  ari-^v;  and  t^ie  unhallowed  league 
was  ratified,  with  appropriate  Slems,  b>  intertwining  an  Ame- 
rican scalp,  with  the  decorati  f  the  m.v:e,  which  die  com- 
maoder  of  the  northern jirmv,  w.  t!te  Unittd  States  found  in 
the  legislative  chamber  oflrork,  the  capital  t«f  Upper  Canada. 

In  the  single  scene,  that  succeeded  the  batvle  of  Frenchtown, 
near  the  river  Raisin,  where  the  American  troi>p8  were  defeated 
by  the  allies,  under  the  command  of  general  FhKtor,  there 
will  be  found  coocentrar<:d,  upon  indispuuble  proof,  an  illus- 
tration of  the  horrors  of  the  warfare,  which  Or?at  Briuin  has 
pursued,  and  still  purtues,  in  co.oi»eration  with  die  savages  of 
the  south,  as  well  as  with  die  savages  of  the  north,  The  Ame- 
rican army  capitulated,  on  the  2ad  of  January,  ISiSj  yet,  after 
the  faidi  of  the  !lritish  commander  had  been  pledged,  ia  the 
terms  of  the  cairvitulation;  and  while  the  British  officers  and  sol* 
diers,  silently  and  exultindy,  contemplated  the  scene,  some  ot 
the  American  prisoners  of  war  were  tomahawked,  some  were 
shot,  and  some  were  burnt.    Blany  of  the  unarmed  inhabitants 

•  See  tUe  ttrince  Kfrak**  dcclsration  of  the  lOih  of  Janusrjr.  1813. 

t  Sea  the  fetter  from  the  Amcrkaa  gcnent  HwrUon,  to  the  British  general 
Pwstor.  _ 

See  a  letter  from  the  British  roejor  Muir,  Indisn  sgent,  to  colonel  Proctor. 
dated  the  te6th  September,  ISU,  and  a  letter  from  eotonel  St.  George  to  colo^^. 
Proctor,  dated  the  ii»th  of  October,  181«,  fimnd  siiiong  colonel  Proctor**  paipers. 


I 


Ml 

of  ihc  ^lichigiin  territory  were  mansacredi  their  property  wan 
|iluiuli-re(l,  a*))!  their  horses  were  dettroyed.**  The  deiid  bodies 
of  the  mangled  AtncricaiiH,  were  expuncd,  unburicd,  to  be  de* 
vciured  tiy  dogH  and  swinei  ••  because,  oi  the  llritish  ofRceri 
dcilartd,  the  Indiann  would  not  permit  the  intcrmenti"t  >tnd 
Dome  of  the  Americans,  who  Hurvived  the  carnage,  had  been 
extricated  from  dani^er,  onty  by  being  purchased  at  a  price*  •■ 
n  part  of  the  booty  belonging  to  the  Indians.  But,  to  complete 
this  dreadful  view  of  human  depravity,  and  human  wretched* 
ne^B,  it  is  only  neceaaary  to  add,  that  an  American  physician, 
who  was  despatched  with  a  flag  of  trucci  to  ascertain  the  situa- 
tion of  hi^  wounded  brethren,  and  two  persons,  his  companions, 
were  intercepted  bv  the  Indians,  in  their  humane  mission}  the 
privilege  of  the  flag  was  disregarded  by  the  British  otBcersi 
the  physician,  after  being  wounded,  and  one  of  his  companions, 
were  made  prisonerst  and  the  third  person  of  the  party  was 
killed.^ 

But  the  savage,  who  had  never  known  the  restraints  of  civi- 
lized life,  and  the  pirate,  who  had  broken  the  bonds  of  society, 
were  alike  the  ol)ject8  of  British  conciliation  and  alliance,  for 
the  purposes  of  un  unparalleled  warfare.  A  horde  of  pirates 
and  outlaws  had  formed  a  confederacy  and  establishment  on 
the  island  of  Barraturia,  near  the  mouth  of  the  river  Mississip- 
|>i.  M^  ill  Europe  believe,  that  the  commander  of  the  British 
i'orcrs.  addres'.ed  the  leader  of  the  confederacy,  from  the  neu- 
tral territory  of  Pcnsucolu,  •♦  calling  tipon  him,  with  his  brave 
foltowerK,  to  enter  into  the  service  of  Ureat  Britain,  in  which 
he  hliouUl  have  the  rank  of  captain;  promising  that  lands  should 
be  given  to  ihem  all,  in  proportion  to  their  respective  ranks,  on 
u  |jeuci-  taking  place;  aHsuring  them,  that  their  property  should 
be  gunnmteed,  hiuI  tbcir  persons  protected;  and  asking,  in  re- 
tiiin,  that  they' would  cease  all  hontiltties  against  Spain,  or  tha 
iillit-H  of  (iieat  Hiitain,  and  place  their  nhips  and  vessels,  un- 
der the  l)ri(t<ih  couiiaandingoiiic.eron  the  station,  until  the  com- 
mander in  chiei'ft  pleasure  ahnuld  be  known,  with  a  guarantee 
oi  ih(  ir  fair  value  at  all  evcnts?"||  There  wanted  only  to  exem- 
plify the  debasement  of  such  an  act,  the  occurrence,  that  the 


*  Sec  the  report  of  the  committee  of  the  house  of  reprcicntatives,  on  thc3lit 
of  July,  lltiJ,  and  (he  depositions  ami  documents  >ccom|Mii)ing  itt 

t  Hce  the  n  hclai  report  of  Mr.  U«ker,  the  agent  for^  priwiien,  to  brigs- 
diir  general  Wiiicheaier,  dated  the  20th of  February,  m9 

\  In  udditioi)  to  this  description  of  savage  warfare,  under  British  auspices,  see 
the  :':icis  contained  in  the  correspondence  between  geneial  Harrison,  aiid  general 
DrummonJ. 

II  bee  th^  letter  addressed  by  Edward  Nichols,  lieutenant-colonel  commanding 
llik  Britannic  majest)  's  forces  in  the  Gorillas,  to  Moiksivur  Laiitte,  or  the  com-- 
mwdfuit  at  Uarrutaria,  dated  the  31st  of  August,  1»U. 


•^^ 


opcrty  wt« 
tlcHtl  bodies 
d,  to  b«  de* 
fuh  oflicera 

enij"t  *<»** 
I,  hadbe«n 
;  a  price  t  M 
to  complete 
\  wretched- 
.  phyticUn, 
in  thetitua- 
:ompanioni| 
miuiont  the 
;Uh  otHcerat 
companionSf 
B  party  wai 

tints  of  clvi- 
Is  of  suciety, 
alliHDce,  for 
le  of  pirates 
Ijiishment  on 
er  Mississip- 
f  the  British 
om  the  neu- 
ith  his  brave 
|ini  in  which 
lands  should 
'ivc  ranks,  on 
perty  should 
siting,  in  re- 
gain, or  the 
vessels,  un* 
intilthecom- 
a  guarantee 
inly  to  exem- 
Ince,  that  the 

[tlves.  oathc3l>t 
boiicn,  to  brigs- 

|tiih  tutpicci,  Me 
(I,  and  general 

commanding 
iitte,  or  the  com- 


et 

pirate  should  spurn  the  proffered  alliance ;  and,  acconlinqly, 
Lnfitte's  answer  was  indignantly  given,  by  a  delivery  of  the  tit> 
ter.  containing  the  British  proposition,  to  the  American  govcr* 
nor  of  lx)ui«lana. 

lliercrwerc  other  sources,  however,  of  support,  which  Great 
Britain  was  prompted  by  her  vengeance  tu  eropluy,  in  oppnni* 
tion  to  the  plaineat  dictates  of  her  own  colonial  policy.  The 
events,  which  h^ve  extirpated,  or  dispersed,  the  white  popula* 
tion  of  8t.  Bomingo.  are  in  the  rccullectionof  all  men.  Al- 
though British  humanity  might  nut  shrink,  from  the  infliction 
of  similar  calamities  upon  the  southern  states  of  America,  the 
danger  of  that  course,  either  as  ar.  incitement  to  a  revolt,  of  the 
slaves  in  the  British  islands,  or  as  a  cause  for  retaliation,  on 
the  part  of  the  United  Htates,  ought  to  have  admonished  her 
against  its  adoption.  Yet,  in  a  formal  proclamation,  issued  by 
the  commander  in  chief  of  hit  Britannic  majesty's  squadrons, 
upon  the  American  station,  the  slaves  of  the  American  planters 
were  invited  to  join  the  Briiinh  standard,  iti  a  covert  phraseolo- 
gy, that  afforded  but  a  slight  veil,  for  the  real  design.  Thus, 
admiral  Cochrane,  reciting,  **  that  it  had  b*ten  represented  to 
him,  that  many  persons  now  resident  in  the  United  States,  had 
expressed  a  desire  to  withdraw  therefrom,  with  a  view  of  en- 
tering into  hi*  majeaty*H  service^  or  of  being  received  aa  free 
tettlert  into  some  of  hi>i  majesty's  colonies,"  proclaimed,  that 
*'  all  those  who  might  be  disjiosed  to  emigrate  from  the  United 
States,  would,  with  their  familicii,  be  received  on  board  of  his 
majesty's  ships  or  vessels  ot'  war,  or  at  the  military  posts  that 
might  be  established  upon,  or  near,  the  coast  of  the  United 
States,  when  they  would  have  their  choice  of  either  entering 
into  his  majesty's  sea  or  land  forces,  or  of  being  sent  <u  free 
aettlera  to  the  British  possessions  in  North  America,  or  the 
llVest  Indies,  where  they  would  meet  with  nil  due  encourage- 
ment."* But  even  the  negroes  seem,  in  contempt,  or  disgust, 
to  have  resisted  the  solicitation;  no  rebellion,  or  massacre,  en- 
sued: and  the  allegation,  often  rejieated,  that  in  relation  to  those 
who  were  seduced,  or  forced,  from  the  service  of  their  masters, 
instances  have  occurred  of  some  being  afterwards  transported  to 
the  British  West  India  islands,  and  there  sold  into  slavery,  for 
the  benefit  of  the  captors,  remains  without  contradiction.  So 
complicated  an  act  of  injustice  would  demand  the  reprobation 
of  mankind.  And  let  tw|  British  government,  which  professes 
ajustabhorrenceof  the  African  slave-trade;  which  endeavors 
to  impose,  in  that  respect,  restraints  upon  the  domestic  policy 
of  France,  Spain,  and  Portugal;  answer,  if  it  can,  the  solemn 
charge,  against  their  faith,  and  their  humanity. 


*  bee  admiral  Cocliram^roclaraatton,  dated  at  Bcrmuda.tht-  Jd  of  April,  Ibl  t. 


tu 


i  Orriit  nniRiit  Imii  vtnlalrti  ilir  Uw«  tif  «iviliilr«|  MtiiUrr, 
hv  pliiiiilrriiiK  (Mivnir  itrn|iriivi  l>y  uiiiiaginn  Irniair  liunuri  liy 
hiiiniit^  iin|irulri  ird  t  ilti«i,  inwn*,  vilUgri,  M«l  houa««i  anil  Uy 
l*\  lOK  w«M«  wlmir  «li«uii  u  ol  m\  uiiri'«i<itlng  cimniry. 

'Ilir  tw«n«(  (-  aimI  ihr  prat  tie*  ol  ||i«  llrUUn  naval  and  milita* 
ry  turr«t,  **  to  d#atroy  aud  lay  walila  lurh  lowna  and  dktrirl-t 
upon  (h«  Amtrlcan  coaai,  aa  mliht  Im  found  aMallnbla,**  liavf 
li««n  t«(  itaad  upon  llir  |irfttstnf  rvlaliaiion,  fur  lh«  wanton  iIin 
atriKtion  comaiUt*^  by  tlic  American  army  In  U|>p«r  liana* 
dai***  but  iha  fnllacv  of  tha  prrtaM  haa  alrtatly  bttn  •xno»rd. 
It  will  b«  rtcolkcttd^  howrvcr,  that  tha  art  of  burning  Newark 
waa  InaUHManaoualy  dlaavuwtd  by  tha  American  govrmmanii 
that  It  occurrtd  Im  Dtctmbar,  t  It  ti  and  that  air  Uaorgr  Pre* 
voat  himaalf  Mknowledgad,  on  the  lOthof  Kabrunry,  tNIK  that 
Iha  meiaura  of  rctaliatioa,  for  all  tha  pravloualy  imputed  mia- 
comluct  of  the  American  trou|m,  waa  then  full  and  cum|ilrtr.| 
Between  the  month  of  February,  lit  k,  when  that  acknowlcdK* 
ment  waa  nia«lc,  and  tlio  month  of  Atigutt,  1N14,  whan  the  Hri* 
ti»h  admiral*!  drnunciation  waa  iuueu,  what  are  tha  outrages 
upon  tha  part  of  the  American  truo|w  in  Canada,  to  ^tmrily  a 
rail  for  rruliatiunf  Not  it  waa  the  ayatem,  not  the  incident, 
of  the  war}  and  intelligence  of  the  ayitent  had  lieen  received  at 
Waahington,  from  the  American  tigenta  in  Europe,  ,with  refe- 
rence to  th«  oper  jtiona  of  admiral  Warren,  upon  the  ahorea  ol 
the  rhcaa|wake,  long  before  admiral  Cochrane  had  aurmcdcd 
to  the  rnmmand  of  the  Oritiah  Beet,  on  the  American  atulinn. 

At  an  appropriiitr  iutroduetion  to  iliu  kind  <if  war,  which 
Orrat  Britain  intended  tn  wage  againat  the  inh:ibitant3  of  the 
Ihiitcd  ikatea,  iraiiaactiona  oicurrcd  in  Kn^iaiid,  under  the 
•vowed  direction  of  tiie  guvcrnment  itaelf,  that  could  not  fail 
to  wound  the  moral  acnae  of  every  candid  and  generoui  spec* 
tator.  AUthe  oificera  and  marinera  of  the  American  merchant 
aliipa,  who,  having  loat  their  veaaeU  in  other  pUcea,  haa  guoa 
to  England  on  the  way  to  America)  or  who  had  been  employed 
in  Oritiah  merchant  •nipt,  but  were  deairou*  of  returning  homci 
or  who  had  been  detained,  in  conaequencc  of  the  condemna* 
tiou  of  their  veaaela  under  the  British  orders  in  council;  or 
who  had  arrived  in  England,  through  any  of  the  other  casuaU 
tiea  of  the  seafaring  Ufe;  were  condemned  to  be  treated  aa  pri« 
aooera  of  war;  nay,  aome  of  them  were  actually  impressed, 
wh'de  aolictting  their  pasaports}  although  not  one  of  their  num* 
ber  had  been,  in  any  way,  engaged  in  hostilities  against  Great 
Briiahi,  and  although  the  American  government  had  afforded 

*  Sc«  admiral  Cocknuie'a  Itncr  to  Mr.  Monroe,  dated  Aufwt  IS,  1814. 
t  Sec  (ir  Gcofgc  Pifvoit'i  letter  to  gamnd  Witkinwn,  Mtd  the  lOtb  of  Fc 
hnarT.I»l«- 


na. 


pilinrtl   wmUrr, 

niatr  liunort  liy 

hoUMmi  •ml  l»y 

luniry. 

i(iv»l  mwt  mUlui* 

M  tod  ilkiUiiii 

r  th«  wanton  do- 
\n  Upper  4;»nii* 
^  b«cn  e>iK>M-d. 
burning  New«rk 
cMt  ipivf  n»m«nH 
lir  i>€orgr  Pre- 
ru«ry,  H»l>«  ♦*)>* 
ty  imputed  mU- 
I  und  eomjdrtr.t 
hat  ackiwwledi^* 
14,  wh«n  the  »ri« 
arfllht  outragitt 
ida,  to  jii«»dy  a 
not  the  iacidcnt, 
iMsn  received  »t 
iropc,  ,wUh  refe. 
on  the  shore*  ot 
had  nurrrcdcd 
icrican  atalinn* 
il  of  war,  which 
nivihitants  of  the 
^laiid,   under  the 
at  could  not  fail 
nd  generout  apec- 
merican  merchant 
pUcea,  hao  guaa 
»d  been  employed 
f  returning  home; 
of  the  condemna- 
era  in  council;  or 
the  other  caauaU 
be  treated  a»  pri- 
tually  impressed, 
one  of  their  num- 
ities  agunst  Great 
iment  had  afforded 

kunut  I  a.  I*'*'    .  _ 
,,  iucd  the  lOtU  of  re- 


^vcfy  faritily  lo  till*  drpnrlurc  of  llir  «Rmf  •liiii,  n«i  wr||  m  nl 
rvrry  oUirr  «I.«M,  «>l  llriiitli  auliin  t^,  Irom  ihr  I  mini  Htalfi«| 
tor  a  naaonaltlr  ptriod,  alirr  llir  tlriliirAii'in  of  war.*  Iloi 
this  Nit  of  kMJiiMiir,  for  whi< Il  •  vrn  llir  |irriiral  ol  rrlsltation 
haa  not  brrii  advanced,  waa  urrnnpniiird  li^  Nn<Ktirr  of  alill 
grraler  cruelty  and  onprraaion.  'lite  Amrrusn  aramrn,  wh<i 
had  iiern  cnliatrd,  nr  imprcaanl,  into  thr  naval  ••  rvlt r  of  lirrat 
llritatn,  were  long  retaincti,  and  many  of  them  are  yet  retained, 
on  board  of  Brltiah  ships  of  war.  whrrr  (hry  arc  compelird  t/> 
lomhat  auiiinM  ilirir  countrv  ami  dirir  fricndsi  and  rvrn  wlim 
ihe  Britiah  government  tartlkly  and  reluctantly  rccognired  tha 
riiiicnahlp  of  impreaacd  Ainrricana,  Ui  a  number  nscccding 
lUOtf  at  a  ainglr  naval  statitm,  and  diswilssad  thrm  from  its 
service  on  the  waicrt  it  waa  only  to  immura  th«m  aa  prisoners 
of  war  on  the  shore.  'Ilieae  iinforiunate  p«rs«^ms,  who  had 
passed  into  the  power  of  thr  i)riti<ih  government,  by  a  violation 
uf  their  own  rights  and  in*  linatinnt,  hi  well  aa  of  the  rights  of 
ihrir  country,  and  who  could  only  Im-  regarded  aa  the  sjmils  of 
unlawful  violence,  were,  nevcrthcleaa,  treated  as  the  Inilts  of 
liiwful  war.  Such  waa  the  indemt^ifiratinn,  which  (ircat  Bri- 
tain offered  for  the  wronga,  thiit  ah*-  had  intiictcdi  aatl  such  the 
reward,  which  she  bestowed,  for  strvirea  that  she  had  received.! 
Nor  has  the  spirit  uf  British  warfare  lieen  confined  to  viola* 
tioaa  of  the  usages  of  civiliied  naliona,  in  relation  to  the  United 
Btatca.  llie  aystem  of  blockade,  by  ordera  in  council,  has 
been  revived)  and  the  American  coaat,  from  Maine  to  Louiaia* 
na,  haa  been  declared,  by  the  prochimutionuf  a  British  admiral, 
to  be  in  R  state  of  blockade,  which  every  day'a  observation 
provea  to  l>f ,  practically,  ineffectual,  and  which,  indeed,  the 
whole  of  the  British  navy  would  tic  unable  to  enforce  and  main* 
tain.|  Neither  the  orders  in  council,  acknowledged  to  be  ge* 
nerally  unlawful,  and  declared  to  be  merely  retaliatory  upon 
France;  nor  the  Berlin  and  Milan  decrees,  which  placed  the 
British  islands  in  n  state  of  blockade,  without  the  force  of  a 
single  squadron  to  maintain  itj  were,  in  principle,  more  ioju* 
rious  to  the  rights  of  neutral  commerce,  than  the  existing  block- 
ade of  the  United  States,  'llie  revival,  therefore,  of  the  system, 
without  the  retaliatory  pretext,  must  demonstrate  to  the  ..  orld, 
a  determination,  on  the  part  of  Great  Britain,  to  acquire  a 
commercial  monopoly,  by  every  demonstration  of  her  naval 

*Bte  Mr.  Besaley'a  comapoadeiice  with  tb«  Britiih  Kovernmant,  ia  Ociofarr, 
Ncvtmbcr,  ami  Dtccmbcr,  ISIS. 

See,  alto,  the  act  of  conne**,  puwd  the  Cth  of  July,  1812. 

t  8«e  theletur  from  Mr.  Beaslrv,  to  Mr.  M'Le&y.  dated  the  13t)i  of  &Urck, 
1815. 

I  See  the  succeiiive  blykadet  announced  bj  the  Britith  govcmiacnt,  and  tlte 
sucucMivc  naval  commaip^  on  the  American  station 


■j**;. 


*' 


»«• 


*'..  a^mmj^.^^- 


M 

power,  ilte  trtulc  oi  (he  tnited  Htairi  with  KuMiSt  ^nt\  with 
otht-r  northern  |i<wur«,l)y  whuat'  r^nvrrnmt'itU  itofilicU,  viol  tt« 
lug  muir.it  riKhit,  HaiI  hfcii  iooif  t,  W4«  cut  niF  l>y  inu  i)jiri.ui«m 
ol  tli«  Urilith  .trilrr*  \'\  4  ■t.in'u  of  iha  y<Mr  IH07,  iv.  il'  ;ttully 
M  (h«ir  inidtt  with  Frtnici*  An^i  tier  ii)lic»,  alih'Hi»;h  tlu:  nt iliuto- 
ry  |)riiK'i|)i«  wn*  tot.iliy  inHpplicMbte  tu  ih  «:«»«.  And  tho 
lilockatlo  of  the  year  taiti,  U  »n  attomi'i  to  d««(ioy  the  trade 
of  thoie  nation!,  and,  indeid,of  all  thf  other  nattona  of  Ku« 
rope,  with  tht  United  8tatc»i  \vhilc  Vtnsn  Biualn,  hcmclf,  with 
th<!  »!»«  ifnlicv  urid  ariluf,  ih  u  ma^kid  htr  illicit  trade  with 
France,  when  rrance  wa»  htr  enemy,  enrounget  a  cliindentine 
traffic  batween  her  nubjcctn  and  the  American  citiienti,  wht  re> 
vcr  her  podtctaiooa  comt  io  contact  with  tha  territory  uf  the 
t'rtited  StaUe. 

But  npproachinB  nearer  to  the  acenet  of  plunder  and  violenc«i 
of  cruelty  and  conftagration,  wiiich  the  British  warfare  exhibit* 
on  the  coaat  of  the  t'nitcd  Statvt,  it  mu»t  be  again  asked,  what 
•eta  of  the  American  government,  of  itt  ships  oi  war,  or  of  ita 
armies,  had  occurredi  or  were  even  Hlleged,  as  a  pretext,  for  the 
perpetration  of  this  series  of  outragc«f  It  will  not  be  asserted, 
that  they  were  sanctioned  by  the  usages  of  modern  war; because, 
the  sense  of  all  Europe  would  revolt  at  thu  assertion.  It  will 
not  be  said,  that  they  were  the  unauthoriaeJ  excesses  of  the 
Britiah  troops)  because  scarcely  an  act  of  plunder  and  violence, 
of  cruelty  and  conllagrution,  has  been  committed,  except  in  the 
immediate  presence,  under  the  positive  orders,  and  ^vith  the 
personal  agency,  of  British  offictrH.  It  must  not  be  again  insi- 
nuated; that  they  were  provoked  by  the  American  example;  be- 
cause it  has  been  demonstrated,  that  all  such  insinuations  are 
without  color,  ond  without  proof.  And,  after  all,  tne  dreadful 
and  disgraceful  progress  of  the  British  arms,  will  be  traced,  as 
the  effect  of  that  animosity,  arising  out  of  recollections  connect- 
ed with  the  American  revolution,  which  has  already  been  notic- 
ed; or,  OS  the  effect  of  that  jealousy,  which  the  commercial  en- 
tvrprise,  and  native  resources,  of  the  United  8utes,  are  calcu- 
latcd  to  excite,  in  tlte  councils  of  a  nation,  aiming  at  universal 
dominion  upon  the  ocean. 

In  the  month  of  April,  1813,  the  inhabitants  of  Poplar  Island, 
in  the  bay  of  Chesapeake,  were  piUaged{  and  the  cattle  and 
other  live  stock  of  the  farmers,  beyond  what  the  enemy  could 
remove,  were  wantonly  killad.^  " 

In  the  same  month  of  April,  the  wharf,  the  stores,  and  the  fish- 
er>',  at  Frepchtown  Landmg,  were  destroyed,  and  the  private 
itoresi  and  storehouses,  inthe  village  of  Frenchtown,wcre  burat.t 

•  8m  the  ilepoaition  of  William  Seari. 

t  8m  the  Uei»ob«ioni  of  FrUby  AnUcrton  and  Cordel|^niungton. 


M'M'  »«>^*w**4 


63 


luuia,  anil  wi(h 
lOrilicU,  viul  il« 
l»y  iwv  ojiritition 
•r,  US  ir  iiii4lly 
»;h  thv  ret  iliuto* 
:»»«.  /ind  tlio 
K«(i  oy  the  trade 

nattdiii  of  Kit* 
lin,  hcrtcir,  with 
Hicil  trnd«  with 
ren  »  clMiidcfttine 
citUenti,  whtrc* 

territory  of  tho 

ler  and  vlolencei 
wnrfare  exhibit* 
Itk'in  asked,  what 
ol  war,  or  of  it» 
a  pretext,  for  the 
not  be  nsierted, 
!rn  war;  because, 
■crtiui).  It  will 
excesseB  of  the 
ler  and  violence, 
ed,  except  in  the 
r»,  and  ^vith  the 
Lit  be  again  inti* 
can  example;  be- 
iniinuationa  are 
all,  tKe  dreadful 
vilt  be  traced,  as 
lections  connect- 
■eady  been  nolic* 
comincrcial  en- 
Itatet,  are  calcu- 
ling  at  universal 

of  Poplar  Island* 
1  the  cattle  and 
lie  enemy  could 

)res,  and  the  fish- 
and  the  private 
)wn,wereDurDt.t 


linnington. 


In  the  same  mnnJh  of  Anril,  iho  enemy  lan.lrd  repcntedly  on 
Hharp'*  lilund,  Mn<l  mud«-  u  g*  lurulswii'pol  the  stuck,  iiifvctnig, 
howcvir,  to  |inv  Im  ii  p.irt  ol  it.* 

Otilhc;Wl  ol  May,  l!Hl.»,  the  town  of  llivre  d«!  Clrirc  win 
pill.imdand  bur"i,  by  »  force  MiuUr  the  toinmuiul  u»  a.livirul 
Cinl^lMirri.  The  British  offiiers.  biing  adiiitmi^lud,  ••  i  it  »viiU 
fivili/ed  nutions  lit  w.>r,  ;-rivate  pr»»pir;y  hud  ulwass  bi-eti  re 
si»citi;d,"  hastily  replied,  •'  tht.  ai  ih«  Americans  wrtnt- <l  w  ir, 
they  should  now  feel  its  effcus;  nnd  that  the  town  shouUl  be  I  nd 
inHshrs."  iliey  hrnke  the  wlnilows  c.f  the  church*  tli.  pur* 
joined  the  houtm  of  the  furniturt  j  th«y  "tripped  woi'  n  und 
4:hildren  nf  their  tl"ihB<»j  and  when  un  uitfortunite  femde  « om. 
plained,  that  she  tould  not  leave  her  house  with  her  little  chil* 
drtn,  she  was  unlecllngly  told,  ••  that  her  house  should  be 
burnt  with  herstlf  und  her  chil«lren  in  it."t 

Un  the  0th  of  May,  1NI3,  Fred.iricktown  and  Oe«»rgetow.i, 
situated  on  8a*ialtas  river,  in  the  «atc  of  iMaryland,  w«re  pil- 
laged und  burnt,  and  the  adji»ceut  coumrv  was  laitl  w  m'e,  by  a 
force  under  the  command  of  adnirul  Cockburn;  and  the  o.Tt* 
ccrs  Were  the  mo  i  active  on  the  otc  union  J 

On  tht'  lii\  of  June,  IHIJ,  the  Hritish  forces  made  an  nttaclr 
upon  (jrai'ty  hiand,  with  a  view  to  obtain  possession  of  Nor- 
folk, whicn  the  communding  officers  had  promised,  in  case  of 
success,  to  giv  .pio  the  plunder  of  the  troops.  II  'Vhe  British 
were  re|.ulsedi  but  enraged  by  defeutand  disappointment,  tlitir 
course  was  directed  to  Ilumptoii,  which  thev  entered  on  the 
of  June.  The  scene,  that  ensued,  cxceeflt  all  power  of  de- 
scription; and  a  detail  of  facts  would  be  oHicn*ivf  '■■>  the  feelings 
of  decorum,  as  well  a*  of  humanity.  **  A  defer  v.  i^  ;«  and  un- 
resisting town  was  given  up  to  indiscriminate  piiMge;  though 
civilized  war  tolerates  this  o,i\y,  as  to  fortifi*:d  places  carried  by 
assault,  and  after  summons.  Individuals,  male  and  female, 
wore  stripped  naked;  a  sick  man  was  stabbid  twice  in  the  hos- 
pital; another  sick  man  was  shot  in  h  s  bed,  and  in  the  arms 
ol  his  wife,  who  was  also  wounded,  long  after  the  retreat  of 
the  American  troopr;  and  females,  the  married  and  the  oingle, 
suflered  the  extremity  of  pergonal  abuse  from  the  troops  of  the 
enemy,  and  from  the  infatuated  negroes,  at  their  instigation.'*^ 

■  Sec  Jacob  Oibtun's  deposition. 

t  Sc«  ihe  dcpoiition  of  wUUsm  T.  KiUpwtriclc.  Jsmet  Wood.  Rosanns  Moore, 
and  R.  Maiiiticld 

f  See  ihe  dcpoiitioni  of  John  Stavely,  William  Spencer,  Jothus  Ward,  James 
Scsnian,  Kichard  Darnaby,  P  U  Chaiidlear,  Jonathan  Greenwood,  Jotin  All«n, 
T.  Robcrtion,  M.  N.  Cannon,  and  J.  1'.  Vesrey. 

J  See  general  Taylor'i  letter  to  the  secretary  at  war,  dated  the  3d  ot  July,  ISli. 
See  the  letters  from  general  Ta)i«r  to  admiral  Warren,  dated  the  ^9th  of 
June,  1813i  to  gencnd  sir  Sidney  Ucckwitb,  dated  the  4th  and  5tb  ot  J<ily,  lttl3| 


•M 


>  «i--'»<,«.,  -  jt.. 


5 
i 


.r>.„.^l.ii^.S&„ 


uv 


); 


m 

The  fatt,  tliat  these  atrocities  were  committed,  the  commander 
of  the  llriush  fl'.'et.  admiral  Warren,  and  the  commander  of 
the  Uriiish  tro(>ps,  sir  Sidocy  Beckwith,  admitted,  without  he- 

^sitation;*  but  they  resorted,  as  on  other  occasions,  to  the  un- 
worthy and  unavailing  pretext  of  a  justifiable  retaliation.  It 
was  said,  by  tht  Uriti.sh  general,  "  that  the  excesses  at  Ilamp* 
ton,  were  occasioned  by  an  occurrence,  at  the  recent  attempt 
upon  Craney  Island,  when  the  British  troops  in  a  barge,  lunk 
by  the  American  guns,  clung  to  the  wreck  of  the  boat;  but  se- 
veral Americans  waded  oif  Irom  the  island,  fired  upon,  and 
shot  these  men."  'llie  truth  of  the  aaiertion  wa«  denied;  the 
act,  if  it  hnd  been  perpetrated  by  the  American  troop$,  was 
promptly  ^'laavbwcd  by  tlieir  commanden  and  a  board  of  offi- 
cers  appointed  to  investigate  the  facts,  after  staiin^^  the  evidence, 
reported  '*  an  unbiassed  opinion,  that  the  charge  against  the 
American  troops  was  unsupported;  and  that  the  character  of 
the  American  soldiery  for  hunianity  and  magnanimity,  had  not 
been  committed,  but  on  the  contrary  confirmcd."t  l^e  result 
of  this  ioqu;ry  was  communicated  to  the  British  general;  repa- 
ratkon  was  demanded;  but  it  was  soon  perceived,  that  whatever 
might  personally  be  the  liberal  dispositions  of  that  ofTicer,  no 
adequate  reparation  could  be  made,  as  the  conduct  of  his  troops 

.  was  directed  and  sanctioned  by  his  government.^ 

During  the  period  of  these  transactions,  the  village  of  Lew* 
istown,  near  the  capes  of  the  Delaware,  inhabited  chiefly  by 
fishermen  and  pilots,  and  the  village  of  Stgnington,  seated  up« 
on  the  shores  of  Connecticut,  were  unsuccessfully  bombarded. 
Armed  parties,  led  by  officers  of  rank,  landed  daily  from  the 
British  s^up^ron,  making  predatory  incursions  into  the  open 
country;  riJKng  and  burninff  the  houses  and  cotuges  of  peacea- 
ble  and  retired  families;  pillaging  tlie  produce  of  the  planter 
and  the  farmer;  (their  tobacco,  their  grain,  and  their  cattle;) 
committing^ violence  on  the  persons  of  the  unprotected  inhabit 
tants;  seizing  upon  slaves,  wherever  they  could  be  found,  as 
booty  of  war;  and  breaking  open  the  co£Sns  of  the  dead,  in 

to  the  secretary  of  war,  dated  the  2d  o^  Jul/,  18)3;  and  to  captain  Myna,  oflhc 
last  date. 

See,  aino,  the  letter  from  major  Crutchfield  to  governor  Barbour,  dated  the 
2Qch  of  June,  ISlSj  the  letters  from  capt.  Couijcr  to  lieutenant  governor  Mallory, 
dated  iii  Jul^i  I41&(  the  re^jort  of  Messrs  Grifiinaioi^  Lively  to  major  Crutch- 
iield,  dated  the  4th  of  Jul}',  1813;  un4col.  Parker'iiwHicatiun  intlie  Enquirer. 

*  i^e  admiral  Warren's  letter  to  gi^nerai  Tuylor^  Alibd  the  29th  of  June,  1813; 
sir  Sidney  BtcteKith's  letter  to  general  Taylor,  date4.the  same  day;  and  the  re- 
port of  capt.  Myers  to  general  Tavlor,  of  July  i,  ISlS. 

f  See  the  report  of  the  proctedingsof  the  board  of  oiEceis,  appointed  by  thage. 
neral  order,  ot^the  IstolJuly,  1613. 

}3et  general  Taylor's  letter  to  sir  Sidney  'Deckwith,  dated  the  5th  of  Jdy, 
3j.M«l  the  answer  o|.the  following  day.  .      bf 


\W 


'A 


.J5,V 


i^- 


»..«(iAl»*«*il -»»-•.'<"*'■      **Z~ 


'     .' J   -  n 


iAil 


the  commander 
commander  of 
led,  without  he- 
ions,  to  the  un« 

retaliation.  It 
:e9!ieB  at  Ilamp* 

recent  attempt 
n  a  barge,  lunk 
liQ  boat;  butse- 
Sred  upon,  and 
yaa  denied;  the 
:an  troopt,  was 

a  board  of  ofli- 
ini^f  the  evidence, 
rge  against  the 
he  character  o( 
inimity,  had  not 
."t  ITie  result 
kh  general;  repa- 
d,  that  whatever 
r  that  ofTicer,  no 
uct  of  his  troops 

4 

t  village  of  Lew- 
bited  chiefly  by 
gton,  seated  up« 
ully  bombarded. 
1  daily  from  the 
1  into  the  open 
Lages  of  peaces- 
!  of  the  planter 
nd  their  cattle;) 
>rotected  inhabU 
iild  be  found,  «• 
of  the  dead,  in 

:aptain  Myers,  of  Ihc 

r  Barbour,  dated  the 
int  governor  Mallory, 
riy  to  major  Crutch- 
liun  intlie  Enquirer. 
!  29tk  of  June,  1813; 
ime  dayi  and  the  re- 

>,  appointed  b>  thage^ 

ted  the  5th  of  My, 

%^        ?t  -  •«  yi"  *- 


3 


67 

search  of  plunder,  or  committing  robbery  on  the  altars  of  a 
church  at  Chaptico,  St.  Inagocs  and  Tappahannock,  with  a  sacri- 
legious rAge.^. 

But  the  consummation  of  British  outrage,  yet  remains  to  be 
stated,  from  the  awful  and  imperishable  memorials  of  the  capi- 
tal at  Washington.  It  has  been  already  observed,  that  the 
massacre  of  the  American  prisoners,  at  the  river  ilaisin,  occur- 
red in  January,  1818;  that  throughout  the  same  vear,  the  deso- 
lating  warfare  of  Great  Britain,  without  once  alleging  a  retalia. 
tory  e](cuse,-made  the  shores  of  the  Chesapeake,  and  of  ii«  tri- 
butary rivers,  a  general  scene  of  ruin  and  distress;  and  that  in 
the  month  of  February,  IfaU,  sir  Gcorj^e  Prcvost  himself,  ac- 
knowledged, that  the  measures  of  retaliation,  for  the  unauthoria- 
•dbumingofNewark,inDecember,181S,andfor  allthe  eacess- 
es,  which  had  been  imputed  to  the  American  army,  was,  at  that 
time,  full  and  complete.  The  United  States,  indeed,  regarding 
what  was  due  to  their  own  character,  rather  than  what  wan  due  to 
the  conduct  of  their  enemy,  had  forborne  to  authorize  a  just  re- 
tribution; and  even  disdained  to  place  the  destruction  of  New- 
ark to  retaliatory  account,  for  the  general  pillage  and  conflagra- 
tion which  had  been  previously  perpetrated.  It  was  not  without 
astonishment,  therefore,  that  after  more  than  a  year  of  patient 
suffering,  they  heard  it  announced  in  August,  181^,  that  the 
towns  and  districts  upon  their  coast,  were  to  be  desirdyed  and 
laid  wa»te,  in  revenge  for  unspecified  and  unknown  acts  of  de- 
struction, which  were  charged  against  the  American  troops  in 
Upper  Canada.  The  letter  of  admiral  Cochrane  was  dated  on 
the  isth,  bul  it  was  not  received  until  the  31st  of  Au^^ust,  1814. 
In  the  intermediate  time,  the  enemy  debarked  a  b6%  of  about 
5  or  6000  troops  at  Benedict,  on  the  Patuxent,  and  by  a  sudden 
and  steady  march,  through  Bladensburgh,  approached  the  city 
of  Washihgton.  This  city  has  been  selected  for  the  seat  of  the 
American  government;  but  the  number  of  its  houses  does  not 
excised  nine  hundred,  spread  over  an  extensive  site;  the  whole 
number  of  its  inhabitants  does  not  exceed  eighr.  thousand;  and 
the  adjacent  country  is  thinly  populated.  Although  the  neces- 
sary precautions  had  been  ordered,  to  assemble  the  militia, 
for  the  defence  of  the  cir %  a  variety  of  causes  combined  to 
render  the  defence  unsuccessful;  and  the  enemy  took  possession 
of  Washington,  bnl^n^evening  ^of  the  2hth  of  Atfgutt,1814. 
The  commandei-s  d£,^im:  British  fbrce  held,  at  tK|^tinie,  admi- 
ral Cochrane*s  desoli^ing  order,  although  it  was^^en' unknown 
to  the  government  and  the  people  of  the  Uiiited  States;  but 
conscious  of  the  danger  of  so  distant  a  separation  from  thei;^^ 
Britisl^  fleet}^  andLdesifous,  by  every  pta'Ufible  artifice,  tp^detcar  \ 
the  ^itia(eo8  frodpyittg  to  arms  against  the  invaders,  they-ilisa* 


,'( 


,1 


VI*     .  i- 


wtmm 


V 
I 


OS 


I 


vo',ved  ail  design  of  injuring  private  persons  and  property,  and 
gave  ab&ui  anccs  of  pioittiion,  wherever  there  was  submission. 
Cicntral  liusa  and  ndmiral  t*otkf»iirn  then  proceeded  in  person, 
to  direct  and  superintend  the  business  of  touflagration;  in  a 
place,  wliith  had  yielbed  to  their  amt,  which  was  unfortified, 
and  by  whith  no  hostility  was  threatened.  They  set  fire  to  the 
capitol,  within  whose  walls  were  contained,  the  huUii  of  the 
congress  of  the  United  States,  the  hall  of  their  highest  trihuiiul 
tor  the  udministrition  of  justice,  the  archives  of  the  kgi*lauire, 
and  the  national  library.  They  set  fire  to  the  ediri*:c,  which 
the  United  States  had  erected  for  the  reaidence  of  their  chief 
magistrate.  And  they  set  fire  to  the  costly  and  extensive  build* 
ings,  erected  for  the  accommodation  of  the  principal  oti&cers  of 
the  government,  in  the  transaction  of  the  public  business. 
These  magnificent  monuments  of  the  progress  of  the  arts, 
which  America  had  borrowed  from  her  parent  Europe,  with  all 
the  tesiimonials  of  tasu:  and  literature  which  they  contained, 
iwere,  on  the  memorable  oi^ht  of  the  ijMtth  of  August,  consign- 
ed ta  the  flames,  while  Bruish  officers  of  high  rank  and  com- 
maita,  united  with  their  troops  in  riotous  carousals,  by  the  light 
of  the  burning  pile. 

But  the  character  of  the  incendiary  had  so  entirely  superced- 
ed thi-  character  of  the  soldier,  on  this  unparalleled  expedition, 
that  a  great  portion  of  the  munitions  of  war,  which  had  not 
been  consumed,  when  the  navy  yard  was  ordered  to  be  de- 
stroyed upon  the  approach  of  the  British  troops*  were  left  un- 
touched; and  an  extensive  foundery  of  cannon,  adjoining  the 
city  of  Washington,  was  lelt  uniniureds  when,  in  the  night  of 
the  23th  flift  August,  the  army  Huddcnly  decamped,  and  return- 
ing, with  evident  mark.^  of  precipitation  and  alarm,  to  their 
ships,  left  the  interment  of  their  dead,  and  the  care  of  their 
wounded,  to  the  enemy,  whom  they  had  thus  tnjuredandiotuU- 
ed,  in  viu}ation  of  the  laws  of  civilized  war. 

I'he  counterpart  to  the  acene  exhibited  by  the  British  army* 
was  next  exhibited  by  the  British  n  tvy.  Soon  after  the  mid- 
night flight  of  general  Euss  frum  Washington,  a  squadron  of 
British  ships  of  war  ascended  the  Potomac,  and  reached  the 
town  of  Alexandria  on  the  27th  of  August,  1814.  Ttie  ma- 
gistrates, (iiresuming  that  the  general  destruction  of  the  town 
was  intended,  asked,  on  what  terms  it  te^|>t  be  saved.  The 
raval  comnAaoder  declaredV'**  that  the^tah'  conditions  in  his 
power  j[o  oifer,*'  were  such  as  not  only  re^iiired  a  surrender  of 
all  naval  atid  ordnance  stores,  (public  arid  private,)  but  of  all 
the  shipping;  and  of  all  the  merchandise  in  the  city,  as  well'as 
such  as  had  been  removed,  since  the  10th  of  August."  The 
cuiH^lipaS|  (herefore^t  amovioted  (o  tiit^ntirf  plunder  of  j^ev 


'%. 


{4  *.  ^  Mi.iiirt 


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si- 


iti   ..flft* 


.|y.t  ^^^   . 


h- 


'  *«■.  I  '   y  - 


d  property,  and 
was  submission, 
cdcd  in  person, 
iflitgration;  in  a 
waft  unfortified, 
;y  set  fire  to  the 
the  halli  of  the 
highest  tributiul 
the  l^gi*Iamre, 
)  cdicitrc,  which 
e  of  their  chief 
extensive  build* 
icipal  oi&cers  of 
ublic  ■  business. 
!»  of  the  arts, 
liurope,  with  all 
they  contained, 
jgust,  consign- 
\  rank  and  com* 
ats,  by  the  light 

iirely  supercede 
:led  expi-'dilion, 
which  had  not 
lered  to  bede- 
)s>  were  left  un- 
adjoining  the 
in  the  night  of 
ed,  and  return* 
niarm,  to  their 
tie  care  of  their 
urcdandiotuU> 

\  British  army, 

after  the  mid* 

a  squadron  of 

md  reached  the 

814.     Itie  ma« 

an  of  the  town 

itf  saved.    The 

inditions  in  his 

a  aurreodt^r  of 

ate,)  but  of  all 

city,  as  w.ell'tt9 

AUguut."    The 

iuoderof  44«1» 


C9 

andria,  an  unfortifif  d  and  unresisting  town,  in  order  to  save  the 
building!)  from  Utsiruciion,  The  cajuiuliuion  was  madej  and 
the  entm}  bcrc  away  the  iruits  of  his  prt:dutoty  enterprise,  in 
triumph. 

But  even  while  this  narrative  Is  passing  fronj  the  press,  a 
new  retaliaiory  pretext  has  been  formed,  to  cover  the  disgrace  of 
the  scene,  which  waa  transacted  at  Washingiuo.    In  the  address 
of  the  governor  in  chief  to  ths  provincial  i>arliament  of  Canadai 
on  the  2'lth  of  January,  1815,  it  is  asserted,  in  ambigious  Un- 
guage,  **  thati  as  a  just  retribution,  the  proud  capital  at  Waiih* 
ington,  has  experienced  a  similar  fate  to  that  iniii.tetl  by  an 
American  force  «t»  the  seat  of  gevcrnment,  in  Upper  Canada." 
The  town  of  y(.<rk,  in  Upper  Canada,  was  taken  by  the  Ameri- 
can army  under  the  comm;ind  of  general  Dearborn,  on  the  27tU 
of  April,  181.**;*  and  it  was  tvuruuted  on  ihe  succeeding  1st  of 
May;  although  it  was  again  visited  tor  a  (l:iy,  by  an  Americua 
squadron,  under  the  conutiand  of  coinmodoi-e  Chauncy,  on  the  - 
4th  of  Augui^tf    At  the  time  of  the  capture,  the  enemy,  on  hia 
retreat;  set  fire  to  his  magazine,  and  the  injury  produced  by  the 
explosion  was  great  and  extenisivc;  but  neither  then,  nor  on  the 
viaUof  cbmmudure  Chauncy,  was  any  edifice,  which  had  been 
erected  for  civil  uses,  destroyed  bv  the  authority  of  the  military 
or  the  naval  commander;  and  the  destruction  of  such  edifices, 
by  any  part  of  their  furce,  would  have  been  a  direct  violation  of 
the  pitsitive  orders  which  they  had  issued.  Oa  both  occasions,  iii« 
deed,  the  public  stores  of  the  enemy  were  authorised  to  be  seized, 
and  his  public  $itorehauses  to  be  burnt;  but  it  is  kiiown  that  pri« 
vate  persons,  houses,  and  prupeity,  were  left  uninjured.     If, 
therefore,  sir  George  Prevost  deems  such  acts  infit^ted  on  **  the 
seat  of  guvcrnment  in  Upper  Canada"  similar  to  thi;  acts  which 
were  perpetrated  at  Washington,  he  has  yi-t  to  perform  the  task 
of  tracing  the  features  of  siintlurity;  since,  at  Washington  the 
j^biic  edifices  which  Itad  been  erected  for  civil  uses,  were  alone 
destroyed,  while  the  munitions  of  war,  and  the  fotindaries  of 
cannon,  remained  untouched. 

If,  however,  it  be  meant  to  affirm,  that  the  public  edifices,  oc- 
cupied by  the  legislature,  by  the  chief  magistrate,  by  the  courts 
of  juttlee,  and  by  the  civil  functionaries  of  the  province  of  Up- 
per Canada,  with  thi  |>rpviDcial  library,  were  destroyed  by  the 
American  force,  k|j|mi  occurrence  which  has  never  been  before 
presented  to  the  vttlr''df  the  American  govennneilt,  by  its  own 
cheers,  as  matterijf  information;  nor  by  any  oFthe  military 

'*^    ■'"  '     ^'  I  III  I ■    L  mill  -       ^— i^—    I         I    I  r..i 

*  See  the  tet^erifrom  general  DcMiram  tothe  tecKtary  of«war,  dated  the  27t|i 
ai^SSthof  Apiii,  1813. 
t  Ste  tlic  Itmr  i'rag  conaiodore  Chauncy  to  the  wsgBOXi  of  the  naigf,  dstc4 

■  the^mof  At.|«.t^».|^..^  .,,.,  •   .    ^^  ,  ^-^: 


'% 


4      i 


-'*; 


tt-  ',F*""v 


3'«- 


70 


.# 


'i  ..  • 


or  chll  vhoritipsof  Cnnada,  as  m»«cr  of  compUint;  it  i«an 
occt  vn^c  which  no  Americim  commnnder  had  in  any  degree 
authorized  or  approved;  and  it  is  an  occurrence  which  the  Ame. 
rican  government  wouJd  have  ceaiiured,  and  repaired  with  equal 
promptitude  and  liberality. 

But  a  tale  told  thu«  out  uf  date,  for  a  «p«ct«l  purpose,  eannot 
cumtnand  the  confidence  of  the  inteiliseet  and  the  candid  tuditort 
for,  even  if  the  fact  of  conflagration  M  true^  su«piciun  must  at> 
tend  the  cauaefbrto  long  a  concealment,  with  motlvea  ao  strung 
for  an  immediate  disclosure.  When  air  Oeurge  Prevoat*  in 
February,191l*,acknowledged,  that  the  measure  of  reudlation 
was  full  and  complete,  for  all  the  preceding  misconduct  icnpttC* 
cdtottie  American  tn>ops,  was  he  not  Apprized  of  every  Mcti 
whkh  hed  occurred  at  Yorki  the  capittl  of  Upper  Canada^  i\ 
the  months  of  April  and  August,  18ta?  Yet,  neither  then^  nor 
•t  any  antecedent  period,  i^or  until  the  Mth  January,  tUS„  waa 
the  slightest  intimation  given  of  the  retaliatory  pretext,  which 
b  now  offered.  When  the  admirals  Warren  and  C<»chrane 
were  employed  in  pillaging  and  burning  the  vUlafea,  on  the 
ahorea  of  the  Chesapeake,  were  not  all  the  ret;«iiatory  nrateita* 
for  the  barbarous  warfare  known  to  those  conMnandwir  And 
yet,  ""^  the  fate  inflicted  by  an  AmericavA  force  on  the  seat  of  gfr* 
vemment  in  I7pper  Canada,"  was  never  suggested  in  justificn* 
tion,  or  excuse?  And,  finally,  when  the  evpeditiou  wni  formpdi 
in  August,  1S14,  for  the  destruction  of  xhe  public  edifices  at 
Washington,  was  not  the  "Bimilar  fate  which  had  beei.'  inflicted 
by  an  American  force  on  he  seat  of  government,  in  UpL«r  Ca« 
nada,"  known  to  admiral  Cochrane,  as  well  as  to  sir  ueorge 
Prevo9t»  jjfhb  called  upH  th«  admiral  (it  is  alleged)  to  carry 
into  effect,  me7i<«ures  of    retaliation,  against  the  inhabitants 

.  of  the  United  States?  And  yet,  both  me  call,  and  the  compliancCi 
are  founded  (not  upon  the  destruction  of  the  public  edifices  at 
York,  but)  upon  the  wanton  destruction  committed  l>y  the  Ante* 
rican  ar'ny  in  Upper  Canada,  upon  the  inhabitants  of  the  pro* 
vince,  iorwhcm  alone  reparation  wa»  demanded. 

Avi  obscurity,  then,  dwells  upon  the  fact  alleged  by  sir  George 
Prevost,  which  has  nor  been  dissipated  by  inquiry.  Whether  any 
public  edifiice  was  improperly  destroyed  at  York,  or  at^hat  pe« 
riod  the  injury  was  done,  if  done  at  aU*  jand  by  what  hand  it 
was  inflicted,  are  points  that  ought  tojppfe  been  stated,  when 
the  charge  was  made:  surely  it  is  eiKN]^,  on  the  part  of  tiw 
American  government,  to  repeat,  that  tilt  fact  alleged  was  ne« 
ver  before  brought  to  its  knowledge,  for  ihvestigation,  disav<fir& 
at,  or  reparation.  The  silence  of  the  nAilitt^y  tiid  civil  ofllcert  of 
the  provincial  gov<;rnmentof  Canadat  iiid|ca|e8ttiM,asense  of 

.  sh^t  or  «  conv|c^uii  of  the  yjustl^e  of ,Ui*|peM»l  renhtfcih. 


^S?-"^*^^ 


:::Si:£^^Ct^;ig^•^•^ll:^^Jt<»<s»Jl.1^«sa*'llM^<^*i^|*|^>*^*|«''■|W*''w^l.'»i^M>■^.^^^ 


;  i'-, 


t 


n 


kj^Ulnt}  it  is  an 

in  any  degree 

'hich  the  Ame> 

red  with  equal 

irpose,  cannot 
i:«ndidtuditori 
Hciun  mutt  at* 
ktiveaao  strung 
|e  Prevoatt  in 
of  retAliation 
onduGt  iinpttCo 
I  of  every  Mcti 
Mr  Canada,  \n 
ther  ihen«  nor 
aryi  iSlft,  waa 
nrctext,  which 
and  C«»chr«ne 
iltaget^  on  the 
itory  ntiiesta, 
nandefir  And 
the  seat  of  g&* 
«d  in  jait&ficft* 
:i  wtti  formal 
bile  edifices  at 
bca.'  in0actcd 
in  UpL<!r  Ca« 
;o  sir  ueorge 
ged)  to  carry 
te  inhabitants 
)e  compliance^ 
blic  edifices  at 
d  by  the  Ante* 
tt  of  the  pro- 

by  shr  George 
.Whether  any 
oratwhatpe« 
what  hand  it 
1  stated,  when 
he  part  of  thft 
legfdwas  ne* 
fion,  disavc^ 
ctviiofEcertof 
)00,t  sense  of 


W^ 


'S.^ 


U  is  known,  that  there  could  have  been  no  other  public  edifice 
ior  civil  U9C8  destroyed  in  Upper  Canada,  than  tlu;  house  of  the 
provincial  legislature,  a  budding  of  so  little  cost  and  ornament, 
as  hardly  to  merit  consideration;  and  certainl)  affurding  nviihcr 
parallel  nor  apology,  for  the  conflagration  of  she  aplcmlid  stTUc* 
tures,  which  adoruwd  the  metropolis  of  the  United  States.  If,how. 
ever,  thiU  house  was  indeed  destroyed,  may  it  not  hwve  been  an 
•ccidcual  consequence  of  the  confusion,  in  which  the  explosion  of 
the  magasine  mvolved  the  town?  Or,  perhaps  it  w»a  hastily  per- 
|»ctratcd  by  some  of  the  enraged  troops  in  the  moment  of  an- 
guish,  for  the  loss  of  a  beloved  commander,  and  their  compa- 
taoiii,  who  had  been  killed  by  that  explosion,  kindled  as  it  was 
by  a  defeated  enemy,  for  the  sanguinary  and  unavailing  purpose: 
Or,  in  i»c,  tome  suffuxing  individual,  remembering  the  skugh* 
«er  of  his  brethren  at  the  river  Raisin,  and  exaiiperated  by  the 
spectacle  ot  a  humaa  acaln,  suspended  in  the  legislative  chamber, 
over  the  scat  of  the  8j»eaker,  may,  in  the  paroxysm  of  his  ven- 
geance, have  applied,  uoamhoriacd  and  unseen,  the  torch  of 
venetance  and  destru^ction. 

Many  mber  flagrant  m'stancea  of  Ilritish  violence,  pillage,  and 
^^fi^S**"**"'  »n  defiance  of  the  laws  of  civilized  hoatilities, 
mm  be  added  to  the  catalogue,  which  has  been  exhibited; 
but  the  enumeratiion  would  be  superauousj  and  it  is  time  to 
close  to  painful  »n  exposition  of  the  causes  and  character  of  die 
war,  fhe  exposition  had  become  necessary  to  repel  and  refute 
the  charges  of  the  prince  regent,  whert,  by  his  declaration  of 
January^  1 818,  he  unjustly  states  the  United  States  to  be  the 
Mgreisors  in  the  warj  and  insultingly  ascribeaihc  conduct  of 
the  Auiierican  government,  to  the  inHuence  of  Freiftli  ttouacilsi 
It  was,  also,  necessary  to  vindicate  the  course  of  ihe  Ucited 
States,  m  the  prosecution  of  the  war;  and  to  expose  to  the 
^t!V.-  I*  *°*"*'**  *-^^  barbarous  system  of  hostiliUes,  whicl*. 
tbe  British  govetnment  lias  pursued.  Having  aceoiBplished 
tftese  purposes,  the  American  government  recurs,  with  pleasure, 
to  a  contemplation  of  its  early  and  continued  efforts,  for  the 
restoration  ol  peace.,  Ngtwitlistanding  the  pressure  of  the  re- 
cent  wrongs,  and  the  unfriendly  and  illiberal  disposition,  which 

iT"'''r^*"*  'l**'  "*  *'^  *'"**'*  manifested  towards  diem,  the 
UQitetf  aiates  have  ^eyer  indulged  sentiments  incompatible, 
w»ih  the  .eciprocity  ig^d  will,  and  an  intercourse  of  mutual 
^eflt  and  advantai^, They  can  never  repine.  ii|^eeiiig  the 
ariush  nauon  great,,,|rosperous,  and  happv;  safe  in  iu  mari- 
nmc  righu;  and  po#erftil  in  its  roeiiis  ot  maintaining  them: 
ba%  KC the  same  time,  they  cai^  never  cease  to  detire,  that  the 
eou^cilt  of  (ireat  Brit»b  shouHbe  guided  by  justice,  and 
pe€t  for  ^e e4»aUgl^of ot^t»|K«|iMi,  J^  n^ax^m* 


"vfe* 


^"^^p 


;•#! 


1 


-.^k. 


UN 


>*■■  imm>mm  w 


ft 


may  extend  to  all  tlic  Icgiiimatc  sj'Sji'ft*  o^  her  sovescignty  ^  sh4 
her  comcneice,  withoit  emiang';  ring  th  ■  indep^ndtnce  and 
peace  of  eve«y  other  gmruiment.  A  haliince  of  power,  in  this 
retpcct,  it  MS  <M'ce8Hat^' nn  Uie  ocrstn,  di  on  the  ianti:  tind  the 
control  that  it  give*  to  ihe  nations  ol  the  n-orkl,  over  i!)»?  tti-sr  •; 
of  each  other^- iH  ««  salMtary  in  ke  t^pt-t^tion  to  thu  trvUvidiiat 
gov?mm*mt,  whxh  feels  it,  asii'^aUtne  gfiiverninni«*nts,  by  ^»hich, 
on  the  just  principles  of  mutu^Hv^jLipun  BiKukt.  :r»  k  may 
be  exercisedi  On  fair,  and  e(}u;>'l«  af.J  honor  .'.bk  tui'mtsi  t'.i^re- 
fore,  peaci;-  it  at  the  choice  of  (irtiti  Ui-nnmi  but  if  she  still 
^fatertiaim  tvpon  war,  the  United  8?atK»,  reposing  upon  the  just- 
ntm  of  their  causet  upon  the  patrioitam  of  their  citizens(  upon 
'*ht  di^rioguished  vaktr  of  their  If ;  .d  and  naval  forces}  and, 
above  #1,  upon  the  dispensations  oi  a  h-neficent  Providence} 
are  i>«»dy  to  maintain  the  contest,  for  ♦^e  preservation  of  the 
national  independence,  with  the  sr^iao  energy  and  fortitude, 
which  were  displayed  in  acquiring  it.       <■•;■,•,  v   %*  - 


4*  ;--'*i'* 


''^. 


VfAtwaafwtWt  February  10,  litS.  ^^^ 


'if 


V; 


i' 


■J^ 


*' 


* 


^*# 


1^1 


*;M 


-•!*■»,« 


i..^ 


*■ 


-:^:. 


i  »• 


r^'^'^-v^-^^'^l^^^l 


iliiriMjiitflflfilirTlflU'nMT'r'-" '"'^ ■«— .m  iii.««»«»^ 


ovcvcign!)  ^  sHii 
epi^ndtnce  and 
i'  power,  in  this 
e  iunii:  tind  the 
over  i!h?  tttar  ?; 
'Jia  iiV'Uvidiiat 
n«*nt»,  by  ^»hich, 
5eJ.. -■"?>»  k  may 
iK  tkii'msi  t?,j<;re- 
{  but  if  she  still 
g  upon  th«:  just- 
ircitizens(  upon 
val  forces}  and, 
ent  Proviticncet 
escrvat'.on  of  the 
f  and  fortitude. 


■:':■'(■■. 


X.--  f} 


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I 


